Official Journ alof the EuropeanUnion 31.10.2009
REGULATION (EC) No 1007/2009 OF  THE EUROPEAN PARLIAMENT AND  OF THE COUNCIL
of 16 
September 2009
on trade in seal produ cts
(Text with EEA relevance)
THE 
EUROPEAN 
PARLIAMENT 
AND THE  
COUNCIL 
OF THE 
EURO­
PEAN 
UNION,
Having regard to the Treaty estab lishing the European Commu­
nity, 
and 
in 
particular Article 95 thereof,
Having 
regard 
to the proposal from the Commission ,
Having 
regard 
to the opin ion 
of the European 
Economic 
and 
Social 
Committee
(1) Opinion delivered on  26  February 2009 (not yet published in the Offi­
cial Journ al). (1),
Acting 
in 
accordance 
with the procedure laid down  
in 
Article 251 
of the Treaty
(2) Opinion of the E uropean Parliamen t of 5 May 2009 (n ot yet published
in 
the Official Journ al) 
and 
Council 
Decision 
of 27 July 2009. (2),
Whereas:
(1) Seals are sen tient beings that can experience pain, distress, 
fear 
and 
other forms of sufferin g. 
In 
its declaration  
on 
ban­
ning 
seal products in  
the European 
Union
(3) OJ C 306 E , 15.12.2006, p. 194. (3), the European 
Parliamen t 
requested the Commission  
immediately to draft 
a regulation 
to ban 
the import, export an d 
sale of all harp 
and 
hooded seal products. I n 
its resolution  
of 12 Octob er 
2006
 on 
a Commun ity 
Action 
Plan 
on 
the Protection  
and 
Welfare
 of Animals
 2006-2010
(4) OJ C 308 E , 16.12.2006, p. 170. (4), the European Parlia­
ment 
called on 
the Commission  
to propose a total import 
ban 
on 
seal products. I n 
its Recommen dation 
1776 (2006) 
of 17 Novemb er 
2006 on 
seal hunting, 
the Parliamen tary 
Assembly 
of the Coun cil 
of Europe 
recommen ded 
inviting 
the 
Member 
States of the Coun cil 
of Europe 
practising 
seal 
hunting
 to ban
 all cruel hun ting
 methods which do n ot
 
guarantee
 the instantaneous
 death, without suffering, of 
the animals, 
to prohib it 
the stunning 
of animals 
with 
instruments 
such as hak apiks, 
bludgeons 
and 
guns, 
and 
to 
promote in itiatives
 aimed at prohib iting
 trade in seal 
products.
(2) The import in to Member States for commercial purposes 
of 
skins 
of harp seal pups an d 
hooded seal pups an d 
prod­
ucts derived therefrom is prohib ited 
under 
Council 
Direc­
tive 83/129/E EC
 of 28  March 1983  concerning
 the 
importation in to
 Member
 States of sk ins
 of certain seal 
pups and 
products derived therefrom
(5) OJ L 91, 9.4.1983, p. 30. (5).(3) Seals are hun ted within an d outside the Commun ity and 
used 
for obtaining 
products an d 
articles, such as meat, oil, 
blubber, 
organs, 
fur skins 
and 
articles made therefrom, 
which include
 products as diverse as Omeg a
-3 capsules 
and 
garments 
incorporating 
processed seal sk ins 
and 
fur. 
Those products are sold commercially on differen t
 mar­
kets, 
including 
the Commun ity 
market. 
Given 
the nature 
of 
those products, it is difficult or impossib le 
for consumers 
to 
distinguish 
them from similar products n ot 
derived from 
seals.
(4) The hunting of seals has led to expression s of serious con ­
cerns 
by 
members 
of the pub lic 
and 
governments 
sensitive 
to 
animal 
welfare con siderations 
due to the pain , 
distress, 
fear and
 other forms of sufferin g
 which the killin g
 and
 
skinning
 of seals, as they are most frequen tly
 performed, 
cause to those an imals.
(5) In response to concerns of citizens and consumers about 
the
 animal
 welfare aspects of the k illing
 and
 skinning
 of 
seals and 
the possib le 
presence 
on 
the market 
of products 
obtained
 from animals
 killed
 and
 skinned
 in a way that 
causes pain , 
distress, fear an d 
other forms of sufferin g, 
sev­
eral Memb er 
States have adopted or in tend 
to adopt leg is­
lation 
regulating 
trade in 
seal products b y 
prohibiting 
the 
import an d 
production  
of such products, while n o 
restric­
tions 
are placed on  
trade in 
these products in  
other Mem­
ber 
States.
(6) There are therefore differen ces between national provisions 
governing 
the trade, import, production  
and 
marketing 
of 
seal products. Those differen ces 
adversely affect the opera­
tion of the in ternal
 market
 in products which con tain
 or 
may contain 
seal products, an d 
constitute 
barriers 
to trade 
in 
such products.
(7) The existen ce of such diverse provision s may further dis­
courage 
consumers 
from buying 
products n ot 
made from 
seals, but 
which may n ot 
be 
easily distin guishable 
from 
similar goods
 made from seals, or products which may 
include 
elements 
or ingredients 
obtained 
from seals with­
out this b eing 
clearly recog nisable, 
such as furs, Omeg a-3 
capsules 
and 
oils and 
leather goods.
(8) The measures provided for in  this Regulation should there­
fore 
harmonise 
the rules across the Commun ity 
as regards 
commercial
 activities con cerning
 seal products, an d
 
thereby 
prevent 
the disturb ance 
of the internal 
market 
in 
the 
products con cerned, 
including 
products equivalen t 
to, 
or substitutable, 
for seal products.N E 6 3 / 6 8 2 LOfficial Journ alof the EuropeanUnion L 286/37
(9) In accordance with the Protocol on  protection  and welfare 
of 
animals 
annexed 
to the Treaty, the Commun ity 
is to pay 
full regard
 to the welfare requiremen ts
 of animals
 when 
formulatin g 
and 
implemen ting, 
inter 
alia, its internal 
mar­
ket 
policy. The harmon ised 
rules provided for in  
this Regu­
lation
 should accordin gly
 take
 fully in to
 account
 
considerations 
of the welfare of an imals.
(10) To eliminate the presen t fragmentation of the internal mar­
ket, 
it is necessary 
to provide for harmon ised 
rules while 
taking 
into 
account 
animal 
welfare con sider
ations. In 
order 
to counter 
barriers 
to the free movemen t 
of products con ­
cerned 
in 
an 
effective an d 
proportion ate 
fashion, 
the plac­
ing 
on 
the market 
of seal products should, as a g eneral 
rule, 
not 
be 
allowed in  
order to restore con sumer 
confi­
dence
 while, at the same time, en suring
 that animal
 wel­
fare concerns 
are fully met. Sin ce 
the concerns 
of citizens 
and 
consumers 
extend 
to the killing 
and 
skinning 
of seals 
as such, it is also n ecessary
 to take
 action to reduce the 
demand
 leading
 to the mark eting
 of seal products an d,
 
hence, 
the economic 
demand 
driving 
the commercial hun t­
ing 
of seals. In 
order to en sure 
effective en forcement, 
the 
harmonised 
rules should b e 
enforced 
at the time or poin t 
of 
import for imported products.
(11) Although it might be possible to kill and skin seals in such 
a 
way as to avoid un necessary 
pain, 
distress, fear or other 
forms of sufferin g, 
given 
the conditions 
in 
which seal hun t­
ing 
occurs, con sistent 
verification  
and 
control 
of hunters’ 
compliance
 with animal
 welfare requiremen ts
 is no
t fea­
sible 
in 
practice or, at least, is very difficult to achieve in  
an 
effective
 way, as con cluded
 by
 the European
 Food Safety 
Authority on  6 
December 
2007.
(12) It is also clear that other forms of harmon ised rules, such 
as 
labelling 
requiremen ts, 
would not 
achieve the same 
result. Addition ally,
 requiring
 manufacturers,
 distributors
 
or retailers to lab el 
products that derive wholly or partially 
from seals would impose a sig nificant
 burden
 on those 
economic 
operators, an d 
would also b e 
disproportion ately 
costly 
in 
cases where seal products represen t 
only 
a minor 
part
 of the product con cerned.
 Conversely,
 the measures 
contained 
in 
this Regulation 
will be 
easier to comply with, 
whilst also reassurin g 
consumers.
(13) In order to en sure that the harmon ised rules provided for 
in
 this Regulation
 are fully effective, those rules should 
apply not 
only 
to seal products orig inating 
from the Com­
munity, 
but 
also to those in troduced 
into 
the Commun ity 
from 
third coun tries.(14) The fundamental economic and social in terests of Inuit 
communities 
engaged 
in 
the hunting 
of seals as a mean s 
to 
ensure 
their subsistence 
should not 
be 
adversely affected. 
The hunt 
is an 
integral 
part of the culture an d 
identity 
of 
the memb ers 
of the Inuit 
society, an d 
as such is recog nised 
by 
the United 
Nations 
Declaration  
on 
the Rights 
of Indig­
enous 
Peoples. Therefore, the placin g 
on 
the market 
of seal 
products which result from hun ts 
traditionally 
conducted 
by 
Inuit 
and 
other indigenous 
communities 
and 
which 
contribute 
to their sub sistence 
should be 
allowed.
(15) This Regulation establishes harmonised rules con cerning 
the 
placing 
on 
the market 
of seal products. I t 
is therefore 
without prejudice to other Commun ity 
or national 
rules 
regulating 
the hunting 
of seals.
(16) The measures n ecessary for the implemen tation of this 
Regulation 
should be 
adopted in  
accordance 
with Coun cil 
Decision 
1999/468/E C 
of 28 June 
1999 layin g 
down 
the 
procedures for the exercise of implemen ting 
powers con ­
ferred 
on 
the Commission
(1) OJ L 184, 17.7.1999, p. 23. (1).
(17) In particular, the Commission  should be empowered to 
define 
the conditions 
for the placin g 
on 
the market 
of seal 
products which result from hun ts 
traditionally 
conducted 
by
 Inuit
 and
 other indigenous
 commun ities
 and
 contrib
­
ute to their sub sistence;
 to define
 the conditions
 for the 
import of seal products which is of an occasion al
 nature
 
and
 consists
 exclusively of g oods
 for the person al
 use of 
travellers or their families; an d 
to define 
the conditions 
for 
the placin g 
on 
the market 
of seal products resultin g 
from 
hunts 
regulated 
by 
national 
law with the sole purpose of 
the sustain able
 management
 of marin e
 resources. Sin ce
 
those measures are of g eneral
 scope an d
 are desig ned
 to 
amend
 non-essential
 elements
 of this Reg ulation
 by
 
supplemen ting
 it with n ew
 non-essential
 elements,
 they 
must be 
adopted in  
accordance 
with the reg ulatory 
proce­
dure with scrutin y 
provided for in  
Article 5a of Decision  
1999/468/E C.
(18) With the aim of facilitatin g enforcement operations carried 
out
 by
 the relevan t
 national
 authorities, the Commission 
should issue techn ical
 guidance
 notes
 providin g
 non-
binding
 indications
 about
 the codes of the Comb ined
 
Nomenclature 
which may cover seal products sub ject 
to 
this Regulation.
(19) Member States should lay down rules on pen alties appli­
cable 
to infringements 
of the provision s 
of this Reg ulation 
and 
ensure 
that they are implemen ted. 
Those pen alties 
should 
be 
effective, proportion ate 
and 
dissuasive.
(20) Member States should report on a reg ular basis on the 
actions 
taken 
to implemen t 
this Regulation. 
On 
the basis 
of 
those reports, the Commission  
should report to the 
European 
Parliamen t 
and 
to the Coun cil 
on 
the implemen ­
tation 
of this Reg ulation.N E 9 0 0 2 . 0 1 . 1 3Official Journ alof the EuropeanUnion 31.10.2009
(21) Since the objective of this Reg ulation, namely the elimin a­
tion 
of obstacles 
to the fun ctioning 
of the internal 
market 
by 
harmonising 
national 
bans 
concerning 
the trade in  
seal 
products at Commun ity
 level, can not
 be
 sufficien tly
 
achieved b y 
the Memb er 
States and 
can 
therefore b e 
better 
achieved 
at Commun ity 
level, the Commun ity 
may adopt 
measures, in  
accordance 
with the prin ciple 
of subsidiarity 
as 
set out in 
Article 5 of the Treaty. I n 
accordance 
with the 
principle 
of proportion ality, 
as set out in  
that Article, this 
Regulation 
does not 
go 
beyond 
what is necessary 
in 
order 
to achieve that ob jective,
HAVE ADOPTED THIS REGULATION:
Article 1
Subject 
matter
This Regulation 
establishes 
harmonised 
rules concerning 
the plac­
ing 
on 
the market 
of seal products.
Article 2
Definitions
For 
the purposes of this Reg ulation, 
the followin g 
definitions 
shall 
apply:
1. ‘seal’ mean s 
specimens 
of all species of pin nipeds 
(Phocidae, 
Otariidae an d
 Odobenidae);
2. ‘seal product’ mean s 
all products, either processed or un proc­
essed,
 deriving
 or obtained
 from seals, including meat, oil, 
blubber,
 organs,
 raw fur sk ins
 and
 fur skins,
 tanned
 or 
dressed, in cluding 
fur skins 
assembled 
in 
plates, crosses an d 
similar 
forms, and 
articles made from fur sk ins;
3. ‘
placing 
on 
the market
’ means 
introducing 
onto 
the Commu­
nity 
market, 
thereby 
making 
available 
to third parties, in  
exchange 
for paymen t;
4.
 ‘Inuit
’ means
 indigenous
 members
 of the Inuit
 homelan d,
 
namely 
those arctic an d 
subarctic 
areas where, presen tly 
or 
traditionally,
 Inuit
 have aboriginal
 rights
 and
 int
erests, rec­
ognised
 by
 Inuit
 as being
 members
 of their people an d
 
includes
 Inupiat,
 Yupik (Alask a),
 Inuit,
 Inuvia
luit (Canada), 
Kalaallit 
(Greenland) 
and 
Yupik 
(Russia);
5. ‘import’ mean s 
any 
entry 
of goods 
into 
the customs territory 
of the Commun ity.
Article 
3
Conditions for placing on the market
1. The placin g 
on 
the market 
of seal products shall b e 
allowed 
only 
where the seal products result from hun ts 
traditionally 
con­
ducted 
by 
Inuit 
and 
other indigenous 
communities 
and 
contrib­
ute 
to their sub sistence. 
These con ditions 
shall apply at the time 
or point 
of import for imported products.2. By way of derog ation 
from parag raph 
1: 
(a) the import of seal products shall also b e 
allowed where it is 
of an 
occasional 
nature 
and 
consists 
exclusively of g oods 
for 
the person al 
use of travellers or their families. The n ature 
and 
quantity 
of such goods 
shall not 
be 
such as to in dicate 
that 
they are b eing 
imported for commercial reason s;
(b) the 
placing 
on 
the market 
of seal products shall also b e 
allowed 
where the seal products result from b y-products 
of 
hunting 
that is reg ulated 
by 
national 
law and 
conducted 
for 
the sole purpose of the sustain able
 management
 of marin e
 
resources. Such placin g 
on 
the market 
shall be 
allowed on ly 
on
 a non-profit
 basis.
 The nature
 and
 quantity
 of the seal 
products shall n ot 
be 
such as to in dicate 
that they are b eing 
placed on the market for commercial reason s.
The
 application of this parag raph
 shall not
 undermine
 the 
achievemen t 
of the objective 
of this Reg ulation.
3. The 
Commission  
shall, in 
accordance 
with the man agement 
procedure 
referred to in  
Article 5(2), issue techn ical 
guidance 
notes 
setting 
out an 
indicative 
list of the codes of the Comb ined 
Nomenclature 
which may cover seal products sub ject 
to this 
Article.
4. Without prejudice to parag raph 
3, measures for the imple­
mentation
 of this Article, desig ned
 to amend non -
essential ele­
ments 
of this Reg ulation 
by 
supplemen ting 
it, shall be 
adopted in  
accordance 
with the reg ulatory 
procedure with scrutin y 
referred 
to in 
Article 5(3).
Article 4
Free 
movement
Member 
States shall n ot 
impede the placin g 
on 
the market 
of seal 
products which comply with this Reg ulation.
Article 
5
Committee procedu re
1. The 
Commission  
shall be 
assisted by 
the committee estab ­
lished 
under 
Article 18(1) of Coun cil 
Regulation 
(EC) 
No 338/97 
of 9 Decemb er 
1996 on 
the protection  
of species of wild faun a 
and 
flora by 
regulating 
trade therein
(1) OJ L 61, 3.3.1997, p. 1. (1). That committee may call 
upon 
other existin g 
regulatory 
committees as n ecessary, 
such as 
the Standing
 Committee on the Food Chain and Animal Health 
established 
by 
Article 58(1) of Reg ulation 
(EC) 
No 178/2002 of 
the European 
Parliamen t 
and 
of the Coun cil 
of 28 January 
2002 
laying 
down 
the general 
principles 
and 
requiremen ts 
of food law, 
establishing 
the European 
Food Safety Authority an d 
laying 
down 
procedures 
in 
matters of food safety
(2) OJ L 31, 1.2.2002, p. 1. (2).
2. Where referen ce 
is made to this parag raph, 
Article 4 an d 
Article 
7 of Decision  
1999/468/E C 
shall apply, havin g 
regard 
to 
the provision s 
of Article 8 thereof.N E 8 3 / 6 8 2 L31.10.2009 EN Official Journ alof the EuropeanUnion L 286/39
3. Where referen ce is made to this parag raph, Article 5a(1) 
to (4) and 
Article 7 of Decision  
1999/468/E C 
shall apply, havin g 
regard 
to the provision s 
of Article 8 thereof.
Article 6
Penalties and enforcement
Member 
States shall lay down  
the rules on  
penalties 
applicable 
to 
infringements 
of this Reg ulation 
and 
shall take 
all measures n ec­
essary
 to ensure
 that they are implemen ted.
 The penalties
 pro­
vided for shall b e 
effective, proportion ate 
and 
dissuasive. Memb er 
States
 shall notify
 the Commission of those provision s
 by
20 
August 
2010, and 
shall notify 
it without delay of an y 
subse­
quent 
amendment 
thereto.Article 7
Reporting
1. By 20 Novemb er 
2011 and 
thereafter every 4 years, Mem­
ber 
States shall sub mit 
to the Commission  
a report outlin ing 
the 
actions 
taken 
to implemen t 
this Regulation.
2. On 
the basis 
of the reports referred to in  
paragraph 
1, the 
Commission  
shall report to the E uropean 
Parliamen t 
and 
to the 
Council 
on 
the implemen tation 
of this Reg ulation 
within 
12 
months 
of the end 
of each reportin g 
period con cerned.
Article 
8
Entry into force and application
This Regulation 
shall enter 
into 
force on 
the 20th day followin g 
its 
publication 
in 
the Official Journal of the European Union.
Article 3 shall apply from 20 August 
2010.
This Regulation 
shall be 
binding 
in 
its entirety 
and 
directly applicab le 
in 
all Member 
States.
Done 
at Strasbourg, 16 
September 
2009.
For the European Parliament
The President
J. BUZEKFor the Council
The President
C. MALMSTRÖM