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

17.8.2010 EN Official Journal of the European Union L 216/1
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 application 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 credibility 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.
(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 (2) 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 institutions and bodies and on the free movement of such data (3).
(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 established pursuant to Article 18(1) of Council Regulation (EC) No 338/97 (4),