Procedure : 2008/0160(COD)  
 Document stages in plenary
Document selected : A6-0118/2009  
Texts tabled : 
A6-0118/2009  
Debates : 
PV 04/05/2009 - 21  
CRE 04/05/2009 - 21  
Votes : 
PV 05/05/2009 - 5.9  
Explanations of votes  
Explanations of votes  
Explanations of votes  
Texts adopted : 
P6_TA(2009)0342 
 
Texts adopted 
Tuesday, 5 May 2009 - Strasbourg Provisional edition
Trade in seal products ***I  
P6_TA-PROV(2009)0342  A6-0118/2009
 
 Resolution 
  
 Consolidated text  
 
European Parliament legislative resolution of 5 May 2009 on the proposal for a regulation 
of the European Parliament and of the Council concerning trade in seals products 
(COM(2008)0469  – C6-0295/2008 – 2008/0160(COD) ) 
(Codecision procedure: first reading)  
 The European Parliament  , 
–   having regard to the Commission proposal to the European Parliament and the Council ( COM(2008)0469 ), 
–   having regard to Article 251(2) and Articles 95 and 133 of the EC Treaty, purs uant to which the Commission 
submitted the proposal to Parliament (C6-0295/2008), 
–   having regard to the opinion of the Commi ttee on Legal Affairs on the proposed legal basis, 
–   having regard to its declaration on banning seal products in the European Union
(1) , 
–   having regard to the undertaking given by the Council representative by letter of 24 Ap ril 2009 to adopt the proposal 
as amended, in accordance with the first indent of the second subparagraph of Article 251(2) of the EC Treaty, 
–   having regard to Rules 51 and 35 of its Rules of Procedure, 
–   having regard to the report of the Committee on the Inter nal Market and Consumer Protection and the opinions of the 
Committee on the Environment, Public Health and F ood Safety and the Committee on Agriculture and Rural 
Development ( A6-0118/2009 ), 
1.  Approves the Commission proposal as amended; 
2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or 
replace it with another text; 
3.  Instructs its President to forward its position to the Council and Commission. 
 
(1) OJ C 306 E, 15.12.2006, p. 194.  
 Position of the European Parliament adopted at first reading on 5 May 2009 with a view 
to the adoption of Regulation (EC) No .../2009  of the European Parliament and of the 
Council concerning trade in seal products 
 
P6_TC1-COD(2008)0160 
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European Community, and in particular Article 95  thereof, 
Having regard to the proposal from the Commission ║, 
Having regard to the opinion of the European Economic and Social Committee(1) , 
Acting in accordance with the procedure laid down in Article 251 of the Treaty(2) , 
Whereas:  
(1)  Seals are sentient animals that can experience pain, distre ss, fear and other forms of suffering. In its declaration 
of 26 September 2006 on banning seal products in the European Union  (3) , the European Parliament requested 
the Commission immediately to draft a regulation to ban the import, export and sale of all harp and hooded sea l 
products. In its resolution of 12 October 2006 on a Communi ty Action Plan on the Protection and Welfare of 
Animals 2006-2010  (4) , the European Parliament called on the Commission to propose a total import ban on seal 
products. In its Recommendation 1776 (2006) on seal hunting of 17 November 20 06, the Parliamentary 
Assembly of the Council of Europe recommended to invite the Member States of the Council of Europe 
practising seal hunting to ban all cruel hunting methods which do not guarantee the instantaneous death, 
without suffering, of the animals, to prohibit the stunning of animals with instruments such as hakapiks, 
bludgeons and gu ns, and to promote initiatives aimed at prohibiting trade in seal products.  
(1a)  The importation into Member States for commercial purposes of skins of certain seal pups (harp seal and 
hooded seal pups) and products derived therefrom is prohibited under Council Directive 83/1 29/EEC of 28 
March 1983 concerning the impor tation into Member States of skins of  certain seal pups an d products derived 
therefrom  (5) . 
(2)  Seals are hunted within and outside the Community and us ed for obtaining products and articles, such as meat, oil, 
blubber, organs,  fur skins and articles made therefrom, which include products as diverse as Omega-3 capsules 
and garments incorporating processed seal skins and fur. Those products  are sold commercially on different 
markets, including the Community market  . Given the very nature of those products, it is difficult or impossible for 
consumers to distinguish them from similar products  not derived from seals.  
(3)  The hunting of seals has led to expressions of serious concerns by members of the public and governments 
▐sensitive to animal we lfare considerations due to the  pain, distress and other forms of suffering which the killing and 
skinning of seals,  as they are most frequently performed, cause to those animals  . 
(4)  In response to citizen and consumers"  concerns about the animal welfare as pects of the killing and skinning of 
seals and the possible presence on th e market of products obtained from animals killed and skinned in a way 
that caused pain, distress and other forms of suffering  , several Member States hav e adopted or intend to adopt 
legislation regulating trade in seal products, by prohibiting their import, and production, while no restrictions are placed 
on the trade in these products  in other Member States. 
(5)  There are therefore differences bet ween Member States' provisions govern ing the trade, import, production and 
marketing of seal products. Those differences between national measures adversely  affect the operation of the internal 
market in products which contain or may contain seal produc ts and constitute barri ers to trade in such 
products  . 
(5a)  The existence of those diverse legal requirements may further discourage consumers from buying 
products not made from seal s, but which may not be easily distingu ishable from simila r goods made from 
seals, or products which may include elements or ingredients obtained fr om seals without this being clearly recognisable, such as furs, Omega-3 capsules and oils and leather goods.  
(5b)   The measures provided for in this Regulation should t herefore harmonise the rules ac ross the Member States as 
regards commercial activities concerning seal products  and thereby prevent the disturbance of the internal market 
for the products concerned, in cluding products equivalent or  substitutable to seal products  . 
(5c)  In accordance with the Protocol on protection and welfare of animals annexed to the Treaty, the 
Community must pay full regard to animal welfare requirements when formu lating and implemen ting, inter alia, 
the internal market policy. The harmonised rules provid ed for in this Regulation should accordingly take fully 
into account animal welfare considerations.  
(6)  To eliminate the present fragmentation of the internal market, there is a need to provide for harmonised rules while 
taking into account animal welfare considerations. In order to counter barriers to free circulation of products 
concerned in an effective and proportionate fashion, the placing  on the market of seal products  should, as a 
general rule, not be allowed so as to restore consumers' confidence while, at the same, time ensuring that 
animal welfare concerns are fully me t. Since the concerns of citizens and consumers extend to the killing of 
seals as such, action to reduce the dema nd leading to the marketing of seal products and, he nce, the economic 
demand driving the commercial hunting of seals, is also necessary with a view to respecting those concerns. In 
order to ensure effective enforcement, those harmonised rules should be enforced at the time or point of 
import for imported products.  
(6a)  Indeed, although it might be possible to kill and to  skin seals avoiding unnecessary pain, distress or other 
forms of suffering, given the conditi ons in which seal hunting occurs, cons istent verification and control of 
hunters' respect of animal welfare requi rements is not feasible in practice or, at least, very difficu lt to achieve in 
an effective way, as concluded by the European Food Safety Authority on 6 December 2007.  
(6b)  It is also clear that other forms of harmonised rules, such as labellin g requirements, would not achieve the 
same result. Additionally, requiring manufacturers, distributor s or retailers to label products that are wholly or 
partially derived from seals would impose a significant burden on those economic operators, and would also 
be disproportionately costly in cases where seal products represent only a tiny part of the product concerned. 
Conversely, the measures contained in this Regulation will be easier to comply with, whilst also reassuring 
consumers.  
(7)  ▐In order to ensure that the harmonised rules provided for in this Regulation are fully effective, those rules 
should  apply not only to products originating from  the Community, but also to products introduced  into the 
Community from third countries  . 
▐ 
(13)  The fundamental economic and soci al interests of Inuit communities ▐engaged in the hunting of seals as a means 
to ensure their subsistence should not be adversely affected . The hunt is an integrated part of the culture and the 
identity of the members of the Inuit society , and as such is recognised by the United Nations Declaration on the 
Rights of Indigenous Peoples  . Therefore, seal products deriving from hunts traditionally conducted by Inuit and othe r 
indigenous communities and which contribute to their subsistence should ▐ be allowed to be placed on the market  .
(13a)   This Regulation establishes harmonised rules concerning the placing on the market of seal products. It is 
therefore without prejudice to other Community or  national rules regulatin g the hunting of seals  . 
▐ 
(15)  The measures necessary for the implementation of this Regulation should be adopted in accordance with Council 
Decision 1999/468/EC of 28 June 1999 laying down the proc edures for the exercise of implementing powers conferred 
on the Commission(6) .  
(16)  In particular, the Commission should be empowered to define the conditions under which the placing on the 
market of seal products resulting from hunts traditiona lly conducted by Inuit and other indigenous 
communities and which contribute to their subsistence is allowed; to define the conditions under which the 
import of seal products which is of an occasional nature  and consists exclusively of goods for the personal use of the travellers or their families is allowed; and to define the conditions under which the placing on the 
market of seal products resulting from hunts regulated under national  law with the sole purpose of the 
sustainable management of marine resources is allowed  . Since those measures are of ║general scope and are 
designed to amend non-essential elements of this Regulation ▐, by supplementing it with new non-essential elements, 
they must be adopted in accordance with the regulatory proc edure with scrutiny provided for in Article 5a of Decision 
1999/468/EC. ▐ 
(16a)   With the aim of facilitating enforcement operations carri ed out by the relevant na tional authorities, the 
Commission should issue technical guidance notes providing non-binding indications about the codes of the 
Combined Nomenclature which may cover se al products subject to this Regulation.  
(17)  Member States should lay down rule s on penalties applicable to infringements of the provisions of this Regulation 
and ensure that they are implemented. Those penalties should be effective, proportionate and dissuasive.  
(18)  Member States should report on a regular basis on the actions taken to implement  this Regulation. On the basis 
of those reports, the Commission sh ould itself report to the European Parliament and the Council on the 
implementation  of this Regulation. 
(19)  Since the objective of this Regulation, namely the elim ination of obstacles to the func tioning of the internal market 
by harmonising national bans concerning the trade in seal products at Community level, cannot be sufficiently achieved 
by the Member States and can therefore be better achieved at Community level, the Community may adopt measures, 
in accordance with the principle of subsidiari ty as set out in Article 5 of the Treaty. ▐In accordance with the principle of 
proportionality, as set out in that Article, this Regulation does not go beyond what is necessary to achieve the objectives 
it pursues, 
HAVE ADOPTED THIS REGULATION:  
Article 1 Subject matter This Regulation establishes harmonised ru les concerning the placing on the market ▐of seal products. 
Article 2 
Definitions 
For the purpose of this Regulation: 
   1) "seal" means specimens of all species of  Pinnipeds (Phocidae, Otariidae and 
Odobenidae)  ; 
   2) "seal product" means all products, either processed or  unprocessed, deriving or 
obtained from seals, including meat, oil, blubber, organs  and raw fur skins and fur 
skins, tanned or dressed, including fur skins assembled in plates, crosses and 
similar forms as well as articl es made from seal fur skins; 
   3) "placing on the market" means introduc ing onto the Community market, thereby 
making available to third parties, ▐in exchange for payment ▐; 
(3a)  "Inuit" means indigenous members of the Inuit homeland – i.e. those arctic and subarctic areas where, 
presently or traditionally, Inuit have Aboriginal rights and interests – recognized by Inuit as being members of 
their people and includes Inupiat, Yupik (Alaska), Inuit, Inuvialuit (Canad a), Kalaallit (Greenland) and Yupik 
(Russia);  
   4) "import" means any entry of goods in to the customs territo ry of the Community ▐.▐ 
Article 3 
Conditions for placing on the market  
1.  The placing on the market ▐of seal products shall be  allowed only where the seal products result from hunts 
traditionally conducted by Inuit and other indigenous communities and which contribute to their subsistence. 
These conditions shall apply at  the time or point of import for imported products  . 
2.  By way of derogation from paragraph 1:  
(a) the import of seal products shall also be allowed where it is of an occasional nature and consists 
exclusively of goods for the personal u se of the travellers or their families.  The nature and quantity of such 
goods may not be such as to indicate that they are being imported for commercial reasons;  
(b) the placing on the market shall al so be allowed for seal products that result from by-pr oducts of hunting 
that is regulated under national law and conducted for the sole purpose of sustainable management of marine 
resources. Such placing on the market shall only be al lowed on a non-profit basis. The nature and quantity of 
such products shall not be such as to indicate that they are being placed on the ma rket for commercial 
reasons.  
The application of this paragraph shall not undermine the achievement of the objectives of this Regulation.  
3.  The Commission shall , in accordance with the procedure referred to in Article 9(2), issue technical guidance 
notes setting out an indicative list of the codes of the Combined Nomencla ture which may cover seal products 
subject to this Article  . 
3a.  Without prejudice to paragraph 3, measures for the implementation of this Article shall be adopted.  Those 
measures, designed to amend non-essential elements of th is Regulation by supplementing it, shall be adopted in 
accordance with the regulatory procedure with scrutiny referred to in Article 9(3). 
Article 4 
Free movement clause  
▐ 
Member States shall not impe de the placing on the market ▐of seal products which comply with the provisions of this 
Regulation. 
Article 9 Committee procedure 1.  The Commission shall be assisted by the Committee estab lished by Article 18(1) of Council Regulation (EC) No 
338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein  
(7) . 
That Committee may call upon other existing regulatory Committees as needed, such as the Committee 
established by Article 58(1) of Regulat ion (EC) No 178/2002 of th e European Parliament a nd of the Council of 28 
January 2002 laying down the general principles and requirements of food law, establishing the European Food 
Safety Authority and laying down procedures in matters of food safety  (8) . 
2.  Where reference is made to this paragraph, Article 4 and Article 7 of Decision 1999/468/EC shall apply, having 
regard to the provisions of Article 8 thereof. 3.  Where reference is made to this paragraph, Article 5a(1) to (4), and Article 7 of Decision 1999/468/EC shall apply, 
having regard to the provisions of Article 8 thereof. 
Article 10 Penalties and enforcement Member States shall lay down the rules on penalties applicabl e to infringements of this Regulation and shall take all 
measures necessary to ensure that they  are implemented. The penalties provided for shall be effective, proportionate 
and dissuasive. Member States shall notify the Commission of those provisions by ...
(9) , and shall notify it without delay 
of any subsequent am endment thereto. 
Article 11 Reports 1.  Member States shall send by ...  
(10) and thereafter  every four years to the Commission a report outlining the actions 
taken to implement this Regulation. 
2.  On the basis of the reports referred to in paragraph 1,  the Commission shall report to the European Parliament and 
the Council on the implementation  of this Regulation within twelve months of the end of each  reporting period 
concerned.  
Article 12 Entry into force and applicability 
This Regulation shall enter into force on the 20th day followi ng that of its pub lication in the Official Journal of the 
European Union. 
Article 3  shall apply from ...  
(11) *. 
This Regulation shall be binding in  its entirety and directly app licable in all Member States. 
Done at ║  
For the European Parliament For the Council The President The President ▐ 
 
(1) Opinion of 26 February 2009 (not yet published in the Official Journal).  
(2) Position of the European Pa rliament of 5 May 2009.  
(3) OJ C 306 E, 15.12.2006, p. 194.  
(4) OJ C 308 E, 16.12.2006, p. 170.  
(5) OJ L 91, 9.4.1983, p. 30.  
(6) OJ L 184, 17.7.1999, p. 23. ║ 
(7) OJ L 61, 3.3.1997, p. 1.  
(8) OJ L 31, 1.2.2002, p. 1.  (9) * Nine months from the date of en try into force of this Regulation.  
(10)* Two years from the date of entry into force of this Regulation.  
(11)** Nine months from the date of en try into force of this Regulation.    
Last updated: 6 May 2009