II 
(Non-legislative acts)  
REGULATIONS  
COMMISSION REGULATION (EU) No 737/2010  
of 10 August 2010  
laying down detailed rules for the implementation of Regulation (EC) No 1007/2009 of the 
European Parliament and of the Council on trade in seal products  
(Text with EEA relevance)  
THE EUROPEAN COMMISSION,  
Having regard to the Treaty on the Functioning of the European 
Union,  
Having regard to Regulation (EC) No 1007/2009 of the 
European Parliament and of the Council of 16 September 
2009 on trade in seal products (  1 ), and in particular 
Article 3(4) thereof,  
Whereas:  
(1) Regulation (EC) No 1007/2009 allows for the placing on 
the market of seal products which result from hunts 
traditionally conducted by Inuit and other indigenous 
communities and which contribute to their subsistence. 
It also allows for the placing on the market of seal 
products where the hunt was conducted with the sole 
purpose of the sustainable management of marine 
resources and where the import of seal products are 
occasional in nature and consist exclusively of goods 
for the personal use of travellers and their families.  
(2) It is therefore necessary to specify detailed requirements 
for the import and the placing on the Union market of 
those seal products in order to ensure a uniform appli ­
cation of Regulation (EC) No 1007/2009.  
(3) The placing on the market of seal products which result 
from hunts traditionally conducted by Inuit and other 
indigenous communities and which contribute to their 
subsistence should be allowed where such hunts are 
part of the cultural heritage of the community and 
where the seal products are at least partly used, 
consumed or processed within the communities 
according to their traditions.  (4) The conditions for the placing on the market of seal 
products resulting from by-products of hunting that is 
conducted for the sole purpose of the sustainable 
management of marine resources, and for the 
importation of seal products for the personal use of 
travellers or their families, should also be laid down.  
(5) Within this exceptional framework, an effective 
mechanism to ensure an adequate verification of 
compliance with those requirements should be 
introduced. That mechanism should not be more trade- 
restrictive than necessary.  
(6) Other options would not be sufficient to achieve these 
aims. Therefore, a mechanism should exist by which 
recognised bodies issue documents attesting that seal 
products are compliant with the requirements laid 
down in Regulation (EC) No 1007/2009, unless the 
import is for the personal use of travellers or their 
families.  
(7) It is appropriate to provide that entities which comply 
with certain requirements should be included in a list of 
recognised bodies issuing such attesting documents.  
(8) Models should be set out for the attesting document and 
its copies in order to facilitate the management and 
verification of attesting documents.  
(9) Procedures for the control of attesting documents should 
be set out. Those procedures should be as simple and as 
practical as possible, without compromising the credi ­
bility and consistency of the system.  
(10) The use of electronic systems should be allowed in order 
to facilitate the exchange of data between competent 
authorities, the Commission and the recognised bodies.EN 17.8.2010 Official Journal of the European Union L 216/1  
( 1 ) OJ L 286, 31.10.2009, p. 36.(11) The processing of personal data for the purposes of this 
Regulation, in particular as regards the processing of 
personal data contained in attesting documents, should 
comply with Directive 95/46/EC of the European 
Parliament and of the Council of 24 October 1995 on 
the protection of individuals with regard to the 
processing of personal data and on the free movement 
of such data (  1 ) and Regulation (EC) No 45/2001 of the 
European Parliament and of the Council of 18 December 
2000 on the protection of individuals with regard to the 
processing of personal data by the Community insti ­
tutions and bodies and on the free movement of such 
data (  2 ). 
(12) Since this Regulation lays down detailed rules for the 
implementation of Article 3 of Regulation (EC) No 
1007/2009 which applies on 20 August 2010, it 
should enter into force as a matter of urgency.  
(13) The measures provided for in this Regulation are in 
accordance with the opinion of the Committee estab ­
lished pursuant to Article 18(1) of Council Regulation 
(EC) No 338/97 (  3 ), 
HAS ADOPTED THIS REGULATION:  
Article 1  
This Regulation lays down detailed rules for the placing on the 
market of seal products pursuant to Article 3 of Regulation (EC) 
No 1007/2009.  
Article 2  
For the purposes of this Regulation, the following definitions 
shall apply:  
1. ‘other indigenous communities’ means communities in inde ­
pendent countries who are regarded as indigenous on 
account of their descent from the populations which 
inhabited the country, or a geographical region to which 
the country belongs, at the time of conquest or colonisation 
or the establishment of present State boundaries and who, 
irrespective of their legal status, retain some or all of their 
own social, economic, cultural and political institutions;  
2. ‘placing on the market on a non-profit basis’ means placing 
on the market for a price less than or equal to the recovery 
of the costs borne by the hunter reduced by the amount of 
any subsidies received in relation to the hunt.  
Article 3  
1. Seal products resulting from hunts by Inuit or other 
indigenous communities may only be placed on the market 
where it can be established that they originate from seal 
hunts which satisfy all of the following conditions:  (a) seal hunts conducted by Inuit or other indigenous commu ­
nities which have a tradition of seal hunting in the 
community and in the geographical region;  
(b) seal hunts the products of which are at least partly used, 
consumed or processed within the communities according 
to their traditions;  
(c) seal hunts which contribute to the subsistence of the 
community.  
2. At the time of the placing on the market, the seal product 
shall be accompanied by the attesting document referred to in 
Article 7(1).  
Article 4  
Seal products for the personal use of travellers or their families 
may only be imported where one of the following requirements 
is fulfilled:  
1. the seal products are either worn by the travellers, or carried 
or contained in their personal luggage;  
2. the seal products are contained in the personal property of a 
natural person transferring his normal place of residence 
from a third country to the Union;  
3. the seal products are acquired on site in a third country by 
travellers and imported by those travellers at a later date, 
provided that, upon arrival in the Union territory, those 
travellers present to the customs authorities of the Member 
State concerned the following documents:  
(a) a written notification of import;  
(b) a document giving evidence that the products were 
acquired in the third country concerned.  
For the purposes of point 3, the written notification and the 
document shall be endorsed by the customs authorities and 
returned to the travellers. On import, the notification and 
document shall be presented to the customs authorities 
together with the customs declaration for the products 
concerned.  
Article 5  
1. Seal products resulting from marine resources 
management may only be placed on the market where it can 
be established that they originate from seal hunts which satisfy 
all of the following conditions:  
(a) seal hunts conducted under a national or regional natural 
resources management plan which uses scientific population 
models of marine resources and applies the ecosystem-based 
approach;EN L 216/2 Official Journal of the European Union 17.8.2010  
( 1 ) OJ L 281, 23.11.1995, p. 31.  
( 2 ) OJ L 8, 12.1.2001, p. 1.  
( 3 ) OJ L 61, 3.3.1997, p. 1.(b) seal hunts which does not exceed the total allowable catch 
quota established in accordance with the plan referred to in 
point (a);  
(c) seal hunts the by-products of which are placed on the 
market in a non-systematic way on a non-profit basis.  
2. At the time of the placing on the market, the seal product 
shall be accompanied by the attesting document referred to in 
Article 7(1).  
Article 6  
1. An entity shall be included in a list of recognised bodies 
where it demonstrates that it fulfils the following requirements:  
(a) it has legal personality;  
(b) it has the capacity to ascertain that the requirements of 
Article 3 or 5 are met;  
(c) it has the capacity to issue and manage attesting documents 
referred to in Article 7(1), as well as process and archive 
records;  
(d) it has the ability to carry out its functions in a manner that 
avoids conflict of interest;  
(e) it has the ability to monitor compliance with the 
requirements set out in Articles 3 and 5;  
(f) it has the capacity to withdraw attesting documents referred 
to in Article 7(1) or suspend their validity in case of non- 
compliance with the requirements of this Regulation, and to 
take measures to inform competent authorities and customs 
authorities of Member States thereof;  
(g) it is subject to an independent third party audit;  
(h) it operates at national or regional level.  
2. In order to be included in the list referred to in paragraph 
1, an entity shall submit to the Commission a request accom ­
panied by documentary evidence that it fulfils the requirements 
set out in paragraph 1.  
3. The recognised body shall submit audit reports produced 
by the independent third party referred to in paragraph 1(g) to 
the Commission at the end of each reporting cycle.  
Article 7  
1. Upon request, where the requirements for placing on the 
market set out in Article 3(1) or 5(1) are met, a recognised 
body shall issue an attesting document conforming to the 
models set out in the Annex.  
2. The recognised body shall deliver the attesting document 
to the applicant and shall keep a copy for three years for 
record-keeping purposes.  3. Subject to Article 8(2), when a seal product is placed on 
the market, the original attesting document shall be delivered 
with the seal product. The applicant may keep a copy of the 
attesting document.  
4. A reference to the attesting document number shall be 
included in any further invoice.  
5. A seal product accompanied by an attesting document 
issued in accordance with paragraph 1 shall be deemed to 
comply with Article 3(1) or 5(1).  
6. Acceptance of a customs declaration for release for free 
circulation pursuant to Article 79 of Council Regulation (EEC) 
No 2913/92 (  1 ) of a seal product shall be subject to the pres ­
entation of an attesting document issued in accordance with 
paragraph 1 of this Article. Without prejudice to Article 77(2) 
of Regulation (EEC) No 2913/92, the customs authorities shall 
keep a copy of the attesting document in their records.  
7. In case of doubts relating to the authenticity or 
correctness of an attesting document issued in accordance 
with paragraph 1 as well as when further advice is required, 
the customs authorities and other enforcement officers shall 
contact the competent authorities designated by the Member 
State concerned in accordance with Article 9. The competent 
authorities shall decide on the measures to be taken.  
Article 8  
1. The attesting document referred to in Article 7(1) shall be 
paper-based or in electronic form.  
2. In case of an electronic attesting document, a printed copy 
of that attesting document shall accompany the seal product at 
the time of placing on the market.  
3. The use of the attesting document shall be without 
prejudice to any other formalities relating to the placing on 
the market.  
4. The competent authority designated in accordance with 
Article 9 may require that the attesting document be translated 
into the official language of the Member State where the 
product is to be placed on the market.  
Article 9  
1. Each Member State shall designate one or several 
competent authorities responsible for the following tasks:  
(a) verification upon request of the customs authorities 
pursuant to Article 7(7) of attesting documents for 
imported seal products;EN 17.8.2010 Official Journal of the European Union L 216/3  
( 1 ) OJ L 302, 19.10.1992, p. 1.(b) control of the issuing of attesting documents by recognised 
bodies established and active in that Member State;  
(c) preservation of a copy of attesting documents issued for seal 
products originating from seal hunts in that Member State.  
2. Member States shall notify the Commission of the 
competent authorities designated in accordance with 
paragraph 1.  
3. The Commission shall make the list of competent 
authorities designated in accordance with paragraph 1 
available on its website. The list shall be regularly updated.  
Article 10  
1. Competent authorities may use electronic systems for the 
exchange and recording of data contained in attesting 
documents.  2. Member States shall take into account the comple ­
mentarity, compatibility and interoperability of the electronic 
systems referred to in paragraph 1.  
Article 11  
This Regulation is without prejudice to the level of protection of 
individuals with regard to the processing of personal data under 
Union law and national law, and in particular does not alter the 
obligations and rights set out in Directive 95/46/EC and Regu ­
lation (EC) No 45/2001. The protection of individuals with 
regard to the processing of personal data shall be ensured in 
particular with regard to any disclosure or communication of 
personal data in an attesting document.  
Article 12  
This Regulation shall enter into force on the third day following 
its publication in the  Official Journal of the European Union . 
This Regulation shall be binding in its entirety and directly applicable in all Member States.  
Done at Brussels, 10 August 2010.  
For the Commission  
The President  
José Manuel BARROSOEN L 216/4 Official Journal of the European Union 17.8.2010ANNEX
EN 17.8.2010 Official Journal of the European Union L 216/5EN L 216/6 Official Journal of the European Union 17.8.2010EN 17.8.2010 Official Journal of the European Union L 216/7EN L 216/8 Official Journal of the European Union 17.8.2010EN 17.8.2010 Official Journal of the European Union L 216/9Notes for guidance  
General:  
Complete in capitals 
Box 1.  Issuing body  Indicate the name and address of the recognised body that issues the 
attesting document.  
Box 2.  For the purposes of the issuing 
country  Space for the purposes of the issuing country.  
Box 3.  Attesting Document Number  Indicate the issuing number of the attesting document.  
Box 4.  Country of placing on the 
market  Indicate the country where the seal product is intended to be placed on 
the European Union market for the first time.  
Box 5.  ISO Code  Indicate the two-letter code for the country declared in Box 4.  
Box 6.  Commercial description of the 
seal product  Indicate the commercial description of the seal product(s). The 
description shall be consistent with the entry in Box 8.  
Box 7.  Justification  Tick the applicable box.  
Box 8.  Scientific Name  Indicate the scientific name(s) of the species of the seal(s) used in the 
product. Where more than one species is included in a composite 
product, indicate each species on a separate line.  
Box 9.  HS-Heading  Give the four-digit or the six-digit commodity code established 
pursuant to the Harmonised Commodity Description and Coding 
System.  
Box 10.  Country of taking  Indicate the country where the seals used in the product were taken 
from the wild.  
Box 11.  ISO Code  Indicate the two-letter code for the country declared in Box 10.  
Box 12.  Net Weight  Give the overall weight in kg. This is defined as the net mass of the seal 
products without immediate containers or any packaging, other than 
bearers, spacers, stickers, etc.  
Box 13.  Number of units  Indicate the number of units, if applicable.  
Box 14.  Distinguishing marks  Where applicable, indicate any distinguishing marks, such as the lot 
number or bill of lading number.  
Box 15.  Unique Identifier  Indicate any traceability identifiers present on the product.  
Box 16.  Signature and stamp of issuing 
body  The box is to be signed by the authorised official, stating the place and 
date, and stamped with the official stamp of the issuing recognised 
body.  
Box 17.  Endorsement by customs  The customs authority is to indicate the number of the customs 
declaration and add its signature and stamp.EN L 216/10 Official Journal of the European Union 17.8.2010