EN Official Journal of the European Union C 356/42

TECHNICAL GUIDANCE NOTE SETTING OUT AN INDICATIVE LIST OF THE CODES OF THE COMBINED NOMENCLATURE THAT MAY COVER PROHIBITED SEAL PRODUCTS

Publication made in accordance with Article 3(3) of Regulation (EC) No 1007/2009 of the European Parliament and of the Council of 16 September 2009 on trade in seal products (1)

2010/C 356/02

SUMMARY

Chapter

Foreword

Section I

Live animals, animal products

2 Meat and edible meat offal

5 Products of animal origin, not elsewhere specified or included

Section III

Animal or vegetable fats and oils and their cleavage products; prepared edible fats; animal or vegetable waxes

15 Animal or vegetable fats and oils and their cleavage products; prepared edible fats; animal or vegetable waxes

Section IV

Prepared foodstuffs, beverages, spirits and vinegar; tobacco and manufactured tobacco substitutes

16 Preparations of meat, of fish or of crustaceans, molluscs or other aquatic invertebrates

21 Miscellaneous edible preparations

23 Residues and waste from the food industries; prepared animal fodder

Section VI

Products of the chemical or allied industries

30 Pharmaceutical products

34 Soap, organic surface-active agents, washing preparations, lubricating preparations, artificial waxes, prepared waxes, polishing or scouring preparations, candles and similar articles, modelling pastes, ‘dental waxes’ and dental preparations with a basis of plaster

38 Miscellaneous chemical products

Section VIII

Rawhides and skins, leather, fur skins and articles thereof; saddlery and harness; travel goods, handbags and similar containers; articles of animal gut (other than silkworm gut)

41 Rawhides and skins (other than fur skins) and leather

42 Articles of leather; saddlery and harness; travel goods, handbags and similar containers; articles of animal gut (other than silkworm gut)

43 Fur skins and artificial fur; manufactures thereof

Section XI

Textiles and textile articles

61 Articles of apparel and clothing accessories, knitted or crocheted

62 Articles of apparel and clothing accessories, not knitted or crocheted

63 Other made-up textile articles; sets; worn clothing and worn textile articles; rags

Section XII

Footwear, headgear, umbrellas, sun umbrellas, walking sticks, seat-sticks, whips, riding crops and parts thereof; prepared feathers and articles made therewith; artificial flowers; articles of human hair

64 Footwear, gaiters and the like; parts of such articles

65 Headgear and parts thereof

66 Umbrellas, sun umbrellas, walking sticks, seat-sticks, whips, riding crops and parts thereof

Section XIV

Natural or cultured pearls, precious or semi-precious stones, precious metals, metals clad with precious metal, and articles thereof; imitation jewellery; coin

71 Natural or cultured pearls, precious or semi-precious stones, precious metals, metals clad with precious metal, and articles thereof; imitation jewellery; coin

Section XVIII

Optical, photographic, cinematographic, measuring, checking, precision, medical or surgical instruments and apparatus; clocks and watches; musical instruments; parts and accessories thereof

91 Clocks and watches and parts thereof

Section XX

Miscellaneous manufactured articles

96 Miscellaneous manufactured articles

Section XXI

Works of art, collectors’ pieces and antiques

97 Works of art, collectors’ pieces and antiques

FOREWORD

Article 3 of Council Regulation (EC) No 1007/2009 prohibits the placing on the Union market of seal products, subject to certain conditional exemptions and derogations set out within that Regulation and its implementing measures.

To facilitate enforcement of that prohibition, Article 3(3) of Council Regulation (EC) No 1007/2009 invites the Commission to issue technical guidance notes setting out an indicative list of the codes of the Combined Nomenclature that may cover products subject to the prohibition. Accordingly, the Commission has adopted this technical guidance note. This note has been approved by representatives of the Member States in accordance with the procedure referred to in Article 5(2) of that Regulation.

Only those CN codes with the greatest likelihood of covering products subject to the prohibition in Council Regulation (EC) No 1007/2009 have been included here; this is an indicative list. Products covered by a far larger number of CN codes are potentially affected by Council Regulation (EC) No 1007/2009; this note does not affect the applicability of that Regulation to products covered by CN codes not listed here. Conversely, the inclusion of a CN code in this list does not necessarily mean that the prohibition in the Regulation applies to a product covered by that code. In all cases, a factual determination based on the Regulation and its implementing measures remains necessary.

For the purpose of this technical guidance note, the term ‘pinnipeds’ (which includes Phocidae, Otariidae and Odobenidae, known respectively as ‘true seals’, ‘fur seals and sea lions’ and ‘walruses’) is applied, in conformity with the definition set out in Article 2 of Council Regulation (EC) No 1007/2009.

It should be noted that: meat of Phocidae, Otariidae and Odobenidae is covered in CN code ex 0208 90 55; only fur skins of Phocidae are covered in CN code 4302 19 41, 4302 30 51 and 4303 10 10; only fur skins of Phocidae and Otariidae are covered in CN codes 4302 19 49. and 4302 30 55.

SECTION I

LIVE ANIMALS; ANIMAL PRODUCTS

CHAPTER 2

Meat and edible meat offal

ex 0208 90 55 Seal meat (meat of Phocidae, Otariidae and Odobenidae) ex 0210 99 39 Meat of pinnipeds, salted, in brine, dried or smoked ex 0210 99 80 Edible meat offal of pinnipeds, salted, in brine, dried or smoked ex 0210 99 90 Edible flours and meals of meat or meat offal of pinnipeds

CHAPTER 5

Products of animal origin, not elsewhere specified or included

ex 0506 Bones, unworked, defatted, simply prepared (but not cut to shape), treated with acid or degelatinised; powder and waste of these products, of pinnipeds ex 0507 10 00 Ivory (including teeth of marine animals) of pinnipeds; ivory powder and waste, of pinnipeds ex 0507 90 00 Nails and claws, unworked or simply prepared but not cut to shape; powder and waste of these products, of pinnipeds ex 0510 00 00 Bile, whether or not dried; glands and other animal products used in the preparation of pharmaceutical products, fresh, chilled, frozen or otherwise provisionally preserved, of pinnipeds ex 0511 99 10 Sinews or tendons; parings and similar waste of rawhides or skins of pinnipeds

SECTION III

ANIMAL OR VEGETABLE FATS AND OILS AND THEIR CLEAVAGE PRODUCTS; PREPARED EDIBLE FATS; ANIMAL OR VEGETABLE WAXES

CHAPTER 15

Animal or vegetable fats and oils and their cleavage products; prepared edible fats; animal or vegetable waxes

ex 1504 30 10 Solid fractions of fats and oils of pinnipeds, whether or not refined, but not chemically modified ex 1504 30 90 Fats and oils and other than their solid fractions, of pinnipeds, whether or not refined, but not chemically modified ex 1516 10 10 Fats and oils and their fractions of pinnipeds, partly or wholly hydrogenated, inter-esterified, re-esterified or elaidinised, whether or not refined, but not further prepared, in immediate packings of a net content not exceeding 1 kg ex 1516 10 90 Fats and oils and their fractions of pinnipeds, partly or wholly hydrogenated, inter-esterified, re-esterified or elaidinised, whether or not refined, but not further prepared, other than in immediate packings of a net content not exceeding 1 kg ex 1517 10 10 Margarine, excluding liquid margarine, containing fats and oils of pinnipeds, containing, by weight, more than 10 % but not more than 15 % of milk fats ex 1517 10 90 Margarine, excluding liquid margarine, containing fats and oils of pinnipeds, other than containing, by weight, more than 10 % but not more than 15 % of milk fats ex 1517 90 10 Edible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this chapter, other than edible fats or oils or their fractions of heading 1516, containing fats and oils of pinnipeds, containing, by weight, more than 10 % but not more than 15 % of milk fats ex 1517 90 99 Edible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this chapter, other than edible fats or oils or their fractions of heading 1516, containing fats and oils of pinnipeds, other than containing, by weight, more than 10 % but not more than 15 % of milk fats, other than fixed vegetable oils, fluid, mixed, other than edible mixtures or preparations of a kind used as mould-release preparations ex 1518 00 91 Fats and oils and their fractions of pinnipeds, boiled, oxidised, dehydrated, sulphurised, blown, polymerised by heat in vacuum or in inert gas or otherwise chemically modified, excluding those of heading 1516

SECTION IV

PREPARED FOODSTUFFS; BEVERAGES, SPIRITS AND VINEGAR; TOBACCO AND MANUFACTURED TOBACCO SUBSTITUTES

CHAPTER 16

Preparations of meat, of fish or of crustaceans, molluscs or other aquatic invertebrates

ex 1601 00 99 Sausages and similar products, of meat, meat offal or blood of pinnipeds; food preparations based on these products, other than containing liver, other that sausages, dry or for spreading, uncooked ex 1602 10 00 Homogenised preparations, containing meat, meat offal or blood of pinnipeds ex 1602 90 10 Preparations of blood of pinnipeds ex 1602 90 99 Other prepared or preserved meat or meat offal of pinnipeds

CHAPTER 21

Miscellaneous edible preparations

ex 2106 90 92 Other food preparations not elsewhere specified or included, containing materials of pinnipeds, containing no milk fats, sucrose, isoglucose, glucose or starch or containing, by weight, less than 1,5 % milk fat, 5 % sucrose or isoglucose, 5 % glucose or starch

CHAPTER 23

Residues and waste from the food industries; prepared animal fodder

ex 2301 10 00 Flours, meals and pellets, of meat or meat offal, unfit for human consumption, of pinnipeds; greaves of pinnipeds ex 2309 10 11 to 2309 10 70 Preparations of a kind used in animal feeding, dog or cat food, put up for retail sale, containing materials of pinnipeds ex 2309 90 10 Solubles of pinnipeds ex 2309 90 31 to 2309 90 70 Preparations of a kind used in animal feeding, other than dog or cat food, put up for retail sale, containing materials of pinnipeds

SECTION VI

PRODUCTS OF THE CHEMICAL OR ALLIED INDUSTRIES

CHAPTER 30

Pharmaceutical products

ex 3001 20 90 Extracts of glands or other organs or of their secretions for organotherapeutic uses, of pinnipeds ex 3001 90 98 Glands and other organs of pinnipeds for organotherapeutic uses, dried, whether or not powdered; other substances of pinnipeds prepared for therapeutic or prophylactic uses, not elsewhere specified or included ex 3004 90 00 Other medicaments (excluding goods of heading 3002, 3005 or 3006) consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses (including those in the form of transdermal administration systems) or in forms or packings for retail sale, containing materials of pinnipeds

CHAPTER 34

Soap, organic surface-active agents, washing preparations, lubricating preparations, artificial waxes, prepared waxes, polishing or scouring preparations, candles and similar articles, modelling pastes, ‘dental waxes’ and dental preparations with a basis of plaster

ex 3403 91 00 Preparations for the treatment of textile materials, leather, fur skins or other materials, but excluding preparations containing petroleum oils or oils obtained from bituminous minerals, containing materials of pinnipeds ex 3403 99 00 Lubricating preparations (including cutting-oil preparations, bolt or nut release preparations, anti-rust or anti-corrosion preparations and mould-release preparations, based on lubricants), but excluding preparations containing, as basic constituents, 70 % or more by weight of petroleum oils or of oils obtained from bituminous minerals, containing materials of pinnipeds

CHAPTER 38

Miscellaneous chemical products

ex 3824 90 97 Other chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included, containing materials of pinnipeds

SECTION VIII

RAWHIDES AND SKINS, LEATHER, FUR SKINS AND ARTICLES THEREOF; SADDLERY AND HARNESS; TRAVEL GOODS, HANDBAGS AND SIMILAR CONTAINERS; ARTICLES OF ANIMAL GUT (OTHER THAN SILKWORM GUT)

CHAPTER 41

Raw hides and skins (other than fur skins) and leather

ex 4103 90 90 Rawhides and skins of pinnipeds (fresh, or salted, dried, limed, pickled or otherwise preserved, but not tanned, parchment-dressed or further prepared), whether or not dehaired or split ex 4106 91 00 Tanned or crust hides and skins of pinnipeds, without wool or hair on, whether or not split, but not further prepared, in the wet state (including wet-blue) ex 4106 92 00 Tanned or crust hides and skins of pinnipeds, without wool or hair on, whether or not split, but not further prepared, in the dry state (crust) ex 4113 90 00 Leather further prepared after tanning or crusting, including parchment-dressed leather, of pinnipeds, without wool or hair on, whether or not split, other than leather of heading 4114 ex 4114 10 90 Chamois (including combination chamois) leather of pinnipeds ex 4114 20 00 Patent leather and patent laminated leather of pinnipeds; metallised leather of pinnipeds ex 4115 10 00 Composition leather with a basis of leather or leather fibre, in slabs, sheets or strip, whether or not in rolls, of pinnipeds ex 4115 20 00 Parings and other waste of leather or of composition leather, not suitable for the manufacture of leather articles; leather dust, powder and flour, of pinnipeds

CHAPTER 42

Articles of leather; saddlery and harness; travel goods, handbags and similar containers; articles of animal gut (other than silkworm gut)

ex 4201 00 00 Saddlery and harness for any animal (including traces, leads, knee pads, muzzles, saddle-cloths, saddlebags, dog coats and the like), containing materials of pinnipeds ex 4202 11 Trunks, suitcases, vanity cases, executive cases, briefcases, school satchels and similar containers, with outer surface of leather, of composition leather or of patent leather, of pinnipeds ex 4202 21 00 Handbags, whether or not with shoulder strap, including those without handle, with outer surface of leather, of composition leather or of patent leather, of pinnipeds ex 4202 31 00 Articles of a kind normally carried in the pocket or in the handbag, with outer surface of leather, of composition leather or of patent leather, of pinnipeds ex 4202 91 Other articles than those of subheadings 4202 11 to 4202 39, with outer surface of leather, of composition leather or of patent leather, of pinnipeds ex 4203 Articles of apparel and clothing accessories, of leather or of composition leather, of pinnipeds ex 4205 00 Other articles of leather or of composition leather, of pinnipeds

CHAPTER 43

Fur skins and artificial fur; manufactures thereof

ex 4301 80 70 Pinniped raw fur skins, whole, with or without head, tail or paws, other than rawhides and skins of heading 4103 ex 4301 90 00 Heads, tails, paws and other pieces or cuttings, suitable for furriers’ use, of pinnipeds, other than rawhides and skins of heading 4103 4302 19 41 Tanned or dressed fur skins (without the addition of other materials) other than those of heading 4303, whole skins, with or without head, tail or paws, not assembled, of whitecoat pups of harp seal or of pups of hooded seal (blue-backs) 4302 19 49 Tanned or dressed fur skins (without the addition of other materials) other than those of heading 4303, whole skins, with or without head, tail or paws, not assembled, of other seals ex 4302 19 95 Tanned or dressed fur skins (without the addition of other materials) other than those of heading 4303, whole skins, with or without head, tail or paws, not assembled, of other pinnipeds (other than 4302 19 41and 4302 19 49) ex 4302 20 00 Heads, tails, paws and other pieces or cuttings, not assembled, of pinnipeds ex 4302 30 10 Tanned or dressed fur skins (without the addition of other materials) other than those of heading 4303, whole skins and pieces or cuttings thereof, assembled, ‘dropped’ fur skins, of pinnipeds 4302 30 51 Tanned or dressed fur skins (without the addition of other materials) other than those of heading 4303, whole skins and pieces or cuttings thereof, assembled, of whitecoat pups of harp seal or of pups of hooded seal (blue-backs) 4302 30 55 Tanned or dressed fur skins (without the addition of other materials) other than those of heading 4303, whole skins and pieces or cuttings thereof, assembled, of other seals ex 4302 30 95 Tanned or dressed fur skins (without the addition of other materials) other than those of heading 4303, whole skins and pieces or cuttings thereof, assembled, of other pinnipeds (other than 4302 30 51and 4302 30 55) 4303 10 10 Articles of apparel and clothing accessories of fur skins of whitecoat pups of harp seal or of pups of hooded seal (blue-backs) ex 4303 10 90 Articles of apparel and clothing accessories of fur skins of other pinnipeds than those of 4303 10 10 ex 4303 90 00 Other articles of fur skin of pinnipeds

SECTION XI

TEXTILES AND TEXTILE ARTICLES

CHAPTER 61

Articles of apparel and clothing accessories, knitted or crocheted

ex 6101 Men's or boys’ overcoats, car coats, capes, cloaks, anoraks (including ski jackets), windcheaters, wind-jackets and similar articles, knitted or crocheted, other than those of heading 6103, containing materials of pinnipeds ex 6102 Women's or girls’ overcoats, car coats, capes, cloaks, anoraks (including ski jackets), windcheaters, wind-jackets and similar articles, knitted or crocheted, other than those of heading 6104, containing materials of pinnipeds ex 6103 Men's or boys’ suits, ensembles, jackets, blazers, trousers, bib and brace overalls, breeches and shorts (other than swimwear), knitted or crocheted, containing materials of pinnipeds ex 6104 Women's or girls’ suits, ensembles, jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear), knitted or crocheted, containing materials of pinnipeds ex 6110 Jerseys, pullovers, cardigans, waistcoats and similar articles, knitted or crocheted, containing materials of pinnipeds ex 6111 Babies’ garments and clothing accessories, knitted or crocheted, containing materials of pinnipeds ex 6114 Other garments, knitted or crocheted, containing materials of pinnipeds ex 6116 Gloves, mittens and mitts, knitted or crocheted, containing materials of pinnipeds ex 6117 Other made-up clothing accessories, knitted or crocheted; knitted or crocheted parts of garments or of clothing accessories, containing materials of pinnipeds

CHAPTER 62

Articles of apparel and clothing accessories, not knitted or crocheted

ex 6201 Men's or boys’ overcoats, car coats, capes, cloaks, anoraks (including ski jackets), windcheaters, wind-jackets and similar articles, other than those of heading 6203, containing materials of pinnipeds ex 6202 Women's or girls’ overcoats, car coats, capes, cloaks, anoraks (including ski jackets), windcheaters, wind-jackets and similar articles, other than those of heading 6204, containing materials of pinnipeds ex 6203 Men's or boys’ suits, ensembles, jackets, blazers, trousers, bib and brace overalls, breeches and shorts (other than swimwear), containing materials of pinnipeds ex 6204 Women's or girls’ suits, ensembles, jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear), containing materials of pinnipeds ex 6209 Babies’ garments and clothing accessories, containing materials of pinnipeds ex 6211 20 00 Ski suits, containing materials of pinnipeds ex 6211 32 10 to 6211 49 00 Tracksuits and other garments, containing materials of pinnipeds ex 6214 Shawls, scarves, mufflers, mantillas, veils and the like, containing materials of pinnipeds ex 6216 Gloves, mittens and mitts, containing materials of pinnipeds ex 6217 Other made-up clothing accessories; parts of garments or of clothing accessories, other than those of heading 6212, containing materials of pinnipeds

CHAPTER 63

Other made-up textile articles; sets; worn clothing and worn textile articles; rags

ex 6309 00 00 Worn clothing and other worn articles, containing materials of pinnipeds

SECTION XII

FOOTWEAR, HEADGEAR, UMBRELLAS, SUN UMBRELLAS, WALKING STICKS, SEAT-STICKS, WHIPS, RIDINGCROPS AND PARTS THEREOF; PREPARED FEATHERS AND ARTICLES MADE THEREWITH; ARTIFICIAL FLOWERS; ARTICLES OF HUMAN HAIR

CHAPTER 64

Footwear, gaiters and the like; parts of such articles

ex 6403 Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of leather, containing materials of pinnipeds ex 6404 Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of textile materials, containing materials of pinnipeds ex 6405 Other footwear, containing materials of pinnipeds ex 6406 10 10 Uppers and parts thereof, other than stiffeners, of leather of pinnipeds ex 6406 99 Other parts of footwear; removable insoles, heel cushions and similar articles; gaiters, leggings and similar articles, and parts thereof, containing materials of pinnipeds

CHAPTER 65

Headgear and parts thereof

ex 6501 00 00 Hat-forms, hat bodies and hoods of felt, neither blocked to shape nor with made brims; plateaux and manchons (including slit manchons), of felt, of pinnipeds ex 6502 00 00 Hat-shapes, plaited or made by assembling strips of any material, neither blocked to shape, nor with made brims, nor lined, nor trimmed, of pinnipeds ex 6504 00 00 Hats and other headgear, plaited or made by assembling strips of any material, whether or not lined or trimmed, of pinnipeds ex 6505 90 Hats and other headgear, knitted or crocheted, or made up from lace, felt or other textile fabric, in the piece (but not in strips), whether or not lined or trimmed, of pinnipeds ex 6506 99 10 Other headgear, whether or not lined or trimmed, other than safety headgear or of rubber or of plastics, of fur felt or of felt of wool and fur, made from the hat bodies, hoods or plateaux of heading 6501, of pinnipeds ex 6506 99 90 Other headgear (for instance, of leather), whether or not lined or trimmed, other than safety headgear or of rubber or of plastics or of fur felt or of felt of wool and fur, made from the hat bodies, hoods or plateaux of heading 6501, of pinnipeds ex 6507 00 00 Headbands, linings, covers, hat foundations, hat frames, peaks and chinstraps, for headgear, of pinnipeds

CHAPTER 66

Umbrellas, sunumbrellas, walking sticks, seat-sticks, whips, ridingcrops and parts thereof

ex 6602 00 00 Walking sticks, seat-sticks, whips, ridingcrops and the like, containing materials of pinnipeds ex 6603 Parts, trimmings and accessories of articles of heading 6601 or 6602, containing materials of pinnipeds

SECTION XIV

NATURAL OR CULTURED PEARLS, PRECIOUS OR SEMI-PRECIOUS STONES, PRECIOUS METALS, METALS CLAD WITH PRECIOUS METAL, AND ARTICLES THEREOF; IMITATION JEWELLERY; COIN

CHAPTER 71

Natural or cultured pearls, precious or semi-precious stones, precious metals, metals clad with precious metal, and articles thereof; imitation jewellery; coin

ex 7113 Articles of jewellery and parts thereof, of precious metal or of metal clad with precious metal, containing materials of pinnipeds ex 7114 Articles of goldsmiths’ or silversmiths’ wares and parts thereof, of precious metal or of metal clad with precious metal, containing materials of pinnipeds ex 7117 Imitation jewellery, containing materials of pinnipeds

SECTION XVIII

OPTICAL, PHOTOGRAPHIC, CINEMATOGRAPHIC, MEASURING, CHECKING, PRECISION, MEDICAL OR SURGICAL INSTRUMENTS AND APPARATUS; CLOCKS AND WATCHES; MUSICAL INSTRUMENTS; PARTS AND ACCESSORIES THEREOF

CHAPTER 91

Clocks and watches and parts thereof

ex 9113 90 10 Watch straps, watch bands and watch bracelets, and parts thereof, of leather or of composition leather of pinnipeds

SECTION XX

MISCELLANEOUS MANUFACTURED ARTICLES

CHAPTER 96

Miscellaneous manufactured articles

ex 9601 10 00 Worked ivory and articles of ivory, of pinnipeds ex 9601 90 90 Other animal carving material, and articles of these materials, of pinnipeds ex 9606 29 00 Buttons of pinnipeds ex 9606 30 00 Button moulds and other parts of buttons, button blanks, of pinnipeds

SECTION XXI

WORKS OF ART, COLLECTORS’ PIECES AND ANTIQUES

CHAPTER 97

Works of art, collectors’ pieces and antiques

ex 9705 00 00 Collections and collectors’ pieces of zoological, historical, archaeological, palaeontological or ethnographic interest: containing material of pinnipeds

(1) OJ L 286, 31.10.2009, p. 36.