Article 1 Subject matter
This Regulation establishes harmonised rules concerning the placing on the market of seal products.
Article 2 Definitions
For the purposes of this Regulation, the following definitions shall apply: 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, raw fur skins and fur skins, tanned or dressed, including fur skins assembled in plates, crosses and similar forms, and articles made from fur skins; 3. ‘placing on the market’ means introducing onto the Community market, thereby making available to third parties, in exchange for payment; 4. ‘Inuit’ means indigenous members of the Inuit homeland, namely those arctic and subarctic areas where, presently or traditionally, Inuit have aboriginal rights and interests, recognised by Inuit as being members of their people and includes Inupiat, Yupik (Alaska), Inuit, Inuvialuit (Canada), Kalaallit (Greenland) and Yupik (Russia); 5. ‘import’ means any entry of goods into the customs territory of the Community.
Amendment rationale: CONTEXT OF THE PROPOSAL Regulation (EC) No 1007/2009 of the European Parliament and of the Council of 16 September 2009 on trade in seal products sets out a general ban on placing of these products on the Union's market (“Basic Regulation”). The Basic Regulation contains an exception from the general ban for seal products derived from hunts traditionally conducted by Inuit and other indigenous communities that contribute to their subsistence ("the IC exception"). It also contains exceptions for the import of seal products derived from seals hunted for the sole purpose of the sustainable management of marine resources on a not-for profit basis and not for commercial reasons ("the MRM exception") as well as for imports of an occasional nature and which consist exclusively of goods for the personal use of travellers or their families. An Implementing Regulation, Commission Regulation (EU) No 737/2010 of 10 August 2010, lays down detailed rules for the implementation of the Basic Regulation (“Implementing Regulation”). Both acts (“the EU seal regime”) were challenged by Canada and Norway in the World Trade Organisation (WTO) in the dispute on EC – Measures Prohibiting the Importation and Marketing of Seal Products (DS400 and DS401). On 18 June 2014, the WTO Dispute Settlement Body (DSB) adopted the panel and Appellate Body reports. While the WTO reports concluded that the ban on seal products can, in principle, be justified for moral concerns regarding the welfare of seals, they took issue with the two exceptions, the IC exception and the MRM exception. The MRM exception was found not to be justified as the possible difference in the commercial dimension of commercial hunts and MRM hunts (small scale, non-profit) was not sufficient to justify the distinction. With regard to the IC exception, while in principle reflecting a legitimate distinction, the Appellate body ruled, that some elements of its design and application amounted to “arbitrary and unjustifiable discrimination”. On 10 July 2014 the European Union notified the DSB that it intends to implement the recommendations and rulings of the DSB in this dispute in a manner that respects its WTO obligations. On 5 September 2014, the European Union, Canada and Norway agreed that the reasonable period for implementing the DSB recommendations and rulings would be 16 months. Accordingly, the reasonable period of time will expire on 18 October 2015. The purpose of this legislative proposal is to implement the DSB recommendations and rulings with regard to the Basic Regulation. It also creates the legal basis for bringing Regulation (EU) No 737/2010 in compliance with the said rulings. The concerns regarding the MRM exception are remedied by removing the MRM exception from the Basic Regulation. The concerns relating to the design and application of the IC exception are addressed by modifying the exception, in particular by linking its use to the respect of animal welfare and providing for a limit to the placing of the market of seal products if the scale of the hunt or other circumstances are such as to indicate that the hunt is being conducted primarily for commercial purposes. In addition, experts from the Commission are working together with experts from Canada in order to set up the necessary attestation system to enable Canadian Inuit to make use of the Inuit exception under the EU seal regime. In addition, it is also necessary to use this initiative to align the reference to the regulatory procedure with scrutiny in Regulation (EC) No 1007/2009 to Article 290 of the Treaty on the Functioning of the European Union (TFEU). Given the tight timeframe for compliance with the WTO rulings and to allow for a swift adoption of the proposal by the legislator, the Commission exceptionally took on board in this proposal an amendment of the Parliament proposed in the context of proposal COM (2013)451 (this proposal also covered the alignment of Regulation 1007/2009) in relation to the duration of the delegation.
Revised version (Article 2 Definitions):
For the purposes of this Regulation, the following definitions shall apply: 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, raw fur skins and fur skins, tanned or dressed, including fur skins assembled in plates, crosses and similar forms, and articles made from fur skins; 3. ‘placing on the market’ means introducing onto the Community market, thereby making available to third parties, in exchange for payment; 4. ‘Inuit’ means indigenous members of the Inuit homeland, namely those arctic and subarctic areas where, presently or traditionally, Inuit have aboriginal rights and interests, recognised by Inuit as being members of their people and includes Inupiat, Yupik (Alaska), Inuit, Inuvialuit (Canada), Kalaallit (Greenland) and Yupik (Russia); 4a. ‘other indigenous communities’ means communities in independent 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; 5. ‘import’ means any entry of goods into the customs territory 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 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 use of travellers or their families. The nature and quantity of such goods shall not be such as to indicate that they are being imported for commercial reasons; (b) the placing on the market of seal products shall also be allowed where the seal products result from by-products of hunting that is regulated by national law and conducted for the sole purpose of the sustainable management of marine resources. Such placing on the market shall be allowed only on a non-profit basis. The nature and quantity of the seal products shall not be such as to indicate that they are being placed on the market for commercial reasons. The application of this paragraph shall not undermine the achievement of the objective of this Regulation. 3. The Commission shall, in accordance with the management procedure referred to in Article 5(2), issue technical guidance notes setting out an indicative list of the codes of the Combined Nomenclature which may cover seal products subject to this Article. 4. Without prejudice to paragraph 3, measures for the implementation of this Article, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 5(3).
Amendment rationale: CONTEXT OF THE PROPOSAL Regulation (EC) No 1007/2009 of the European Parliament and of the Council of 16 September 2009 on trade in seal products sets out a general ban on placing of these products on the Union's market (“Basic Regulation”). The Basic Regulation contains an exception from the general ban for seal products derived from hunts traditionally conducted by Inuit and other indigenous communities that contribute to their subsistence ("the IC exception"). It also contains exceptions for the import of seal products derived from seals hunted for the sole purpose of the sustainable management of marine resources on a not-for profit basis and not for commercial reasons ("the MRM exception") as well as for imports of an occasional nature and which consist exclusively of goods for the personal use of travellers or their families. An Implementing Regulation, Commission Regulation (EU) No 737/2010 of 10 August 2010, lays down detailed rules for the implementation of the Basic Regulation (“Implementing Regulation”). Both acts (“the EU seal regime”) were challenged by Canada and Norway in the World Trade Organisation (WTO) in the dispute on EC – Measures Prohibiting the Importation and Marketing of Seal Products (DS400 and DS401). On 18 June 2014, the WTO Dispute Settlement Body (DSB) adopted the panel and Appellate Body reports. While the WTO reports concluded that the ban on seal products can, in principle, be justified for moral concerns regarding the welfare of seals, they took issue with the two exceptions, the IC exception and the MRM exception. The MRM exception was found not to be justified as the possible difference in the commercial dimension of commercial hunts and MRM hunts (small scale, non-profit) was not sufficient to justify the distinction. With regard to the IC exception, while in principle reflecting a legitimate distinction, the Appellate body ruled, that some elements of its design and application amounted to “arbitrary and unjustifiable discrimination”. On 10 July 2014 the European Union notified the DSB that it intends to implement the recommendations and rulings of the DSB in this dispute in a manner that respects its WTO obligations. On 5 September 2014, the European Union, Canada and Norway agreed that the reasonable period for implementing the DSB recommendations and rulings would be 16 months. Accordingly, the reasonable period of time will expire on 18 October 2015. The purpose of this legislative proposal is to implement the DSB recommendations and rulings with regard to the Basic Regulation. It also creates the legal basis for bringing Regulation (EU) No 737/2010 in compliance with the said rulings. The concerns regarding the MRM exception are remedied by removing the MRM exception from the Basic Regulation. The concerns relating to the design and application of the IC exception are addressed by modifying the exception, in particular by linking its use to the respect of animal welfare and providing for a limit to the placing of the market of seal products if the scale of the hunt or other circumstances are such as to indicate that the hunt is being conducted primarily for commercial purposes. In addition, experts from the Commission are working together with experts from Canada in order to set up the necessary attestation system to enable Canadian Inuit to make use of the Inuit exception under the EU seal regime. In addition, it is also necessary to use this initiative to align the reference to the regulatory procedure with scrutiny in Regulation (EC) No 1007/2009 to Article 290 of the Treaty on the Functioning of the European Union (TFEU). Given the tight timeframe for compliance with the WTO rulings and to allow for a swift adoption of the proposal by the legislator, the Commission exceptionally took on board in this proposal an amendment of the Parliament proposed in the context of proposal COM (2013)451 (this proposal also covered the alignment of Regulation 1007/2009) in relation to the duration of the delegation.
Revised version (Article 3 Conditions for placing on the market):
The conditions set out in the first subparagraph shall apply at the time or point of import for imported seal products. 1a. At the time of its being placed on the market, a seal product shall be accompanied by a document attesting compliance with the conditions set out in paragraph 1 (‘attesting document’). An attesting document shall, upon request, be issued by a body recognised for that purpose by the Commission. Such recognised bodies shall be independent, competent to carry out their functions and subject to an external audit. 2. By way of derogation from paragraph 1, the import of seal products shall also be allowed where it is of an occasional nature and consists exclusively of goods for the personal use of travellers or their families. The nature and quantity of those goods shall not be such as to indicate that they are being imported for commercial reasons. 3. The application of paragraphs 1 and 2 shall not undermine the achievement of the objective of this Regulation. 4. The Commission shall adopt implementing acts to further specify the administrative arrangements for the recognition of bodies that may attest to the compliance with the conditions set out in paragraph 1 of this Article and for the issuance and control of attesting documents, as well as the administrative provisions necessary for ensuring compliance with paragraph 2 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 5(2). 5. If there is evidence that a seal hunt is conducted primarily for commercial reasons, the Commission shall be empowered to adopt delegated acts in accordance with Article 4a in order to prohibit the placing on the market or limit the quantity that may be placed on the market of seal products resulting from the hunt concerned. It is of particular importance that the Commission follow its usual practice and carry out consultations with experts, including Member States' experts, before adopting those delegated acts. 6. The Commission shall adopt implementing acts to issue technical guidance notes setting out an indicative list of the codes of the Combined Nomenclature which may cover seal products subject to this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 5(2).
Article 4 Free movement
Member States shall not impede the placing on the market of seal products which comply with this Regulation.
Article 5 Committee procedure
1. The Commission shall be assisted by the committee established under 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 necessary, such as the Standing Committee on the Food Chain and Animal Health established by Article 58(1) of Regulation (EC) No 178/2002 of the European Parliament and 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.
Amendment rationale: CONTEXT OF THE PROPOSAL Regulation (EC) No 1007/2009 of the European Parliament and of the Council of 16 September 2009 on trade in seal products sets out a general ban on placing of these products on the Union's market (“Basic Regulation”). The Basic Regulation contains an exception from the general ban for seal products derived from hunts traditionally conducted by Inuit and other indigenous communities that contribute to their subsistence ("the IC exception"). It also contains exceptions for the import of seal products derived from seals hunted for the sole purpose of the sustainable management of marine resources on a not-for profit basis and not for commercial reasons ("the MRM exception") as well as for imports of an occasional nature and which consist exclusively of goods for the personal use of travellers or their families. An Implementing Regulation, Commission Regulation (EU) No 737/2010 of 10 August 2010, lays down detailed rules for the implementation of the Basic Regulation (“Implementing Regulation”). Both acts (“the EU seal regime”) were challenged by Canada and Norway in the World Trade Organisation (WTO) in the dispute on EC – Measures Prohibiting the Importation and Marketing of Seal Products (DS400 and DS401). On 18 June 2014, the WTO Dispute Settlement Body (DSB) adopted the panel and Appellate Body reports. While the WTO reports concluded that the ban on seal products can, in principle, be justified for moral concerns regarding the welfare of seals, they took issue with the two exceptions, the IC exception and the MRM exception. The MRM exception was found not to be justified as the possible difference in the commercial dimension of commercial hunts and MRM hunts (small scale, non-profit) was not sufficient to justify the distinction. With regard to the IC exception, while in principle reflecting a legitimate distinction, the Appellate body ruled, that some elements of its design and application amounted to “arbitrary and unjustifiable discrimination”. On 10 July 2014 the European Union notified the DSB that it intends to implement the recommendations and rulings of the DSB in this dispute in a manner that respects its WTO obligations. On 5 September 2014, the European Union, Canada and Norway agreed that the reasonable period for implementing the DSB recommendations and rulings would be 16 months. Accordingly, the reasonable period of time will expire on 18 October 2015. The purpose of this legislative proposal is to implement the DSB recommendations and rulings with regard to the Basic Regulation. It also creates the legal basis for bringing Regulation (EU) No 737/2010 in compliance with the said rulings. The concerns regarding the MRM exception are remedied by removing the MRM exception from the Basic Regulation. The concerns relating to the design and application of the IC exception are addressed by modifying the exception, in particular by linking its use to the respect of animal welfare and providing for a limit to the placing of the market of seal products if the scale of the hunt or other circumstances are such as to indicate that the hunt is being conducted primarily for commercial purposes. In addition, experts from the Commission are working together with experts from Canada in order to set up the necessary attestation system to enable Canadian Inuit to make use of the Inuit exception under the EU seal regime. In addition, it is also necessary to use this initiative to align the reference to the regulatory procedure with scrutiny in Regulation (EC) No 1007/2009 to Article 290 of the Treaty on the Functioning of the European Union (TFEU). Given the tight timeframe for compliance with the WTO rulings and to allow for a swift adoption of the proposal by the legislator, the Commission exceptionally took on board in this proposal an amendment of the Parliament proposed in the context of proposal COM (2013)451 (this proposal also covered the alignment of Regulation 1007/2009) in relation to the duration of the delegation.
Revised version (Article 5 Committee procedure):
1. The Commission shall be assisted by the committee established pursuant to Article 18(1) of Council Regulation (EC) No 338/97 ( 7 ). That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council ( 8 ). 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. 3. As regards implementing acts to be adopted pursuant to Article 3(4), where the committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.
Article 6 Penalties and enforcement
Member States shall lay down the rules on penalties applicable 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 20 August 2010, and shall notify it without delay of any subsequent amendment thereto.
Article 7 Reporting
1. By 20 November 2011 and thereafter every 4 years, Member States shall submit 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 to the Council on the implementation of this Regulation within 12 months of the end of each reporting period concerned.
Amendment rationale: CONTEXT OF THE PROPOSAL Regulation (EC) No 1007/2009 of the European Parliament and of the Council of 16 September 2009 on trade in seal products sets out a general ban on placing of these products on the Union's market (“Basic Regulation”). The Basic Regulation contains an exception from the general ban for seal products derived from hunts traditionally conducted by Inuit and other indigenous communities that contribute to their subsistence ("the IC exception"). It also contains exceptions for the import of seal products derived from seals hunted for the sole purpose of the sustainable management of marine resources on a not-for profit basis and not for commercial reasons ("the MRM exception") as well as for imports of an occasional nature and which consist exclusively of goods for the personal use of travellers or their families. An Implementing Regulation, Commission Regulation (EU) No 737/2010 of 10 August 2010, lays down detailed rules for the implementation of the Basic Regulation (“Implementing Regulation”). Both acts (“the EU seal regime”) were challenged by Canada and Norway in the World Trade Organisation (WTO) in the dispute on EC – Measures Prohibiting the Importation and Marketing of Seal Products (DS400 and DS401). On 18 June 2014, the WTO Dispute Settlement Body (DSB) adopted the panel and Appellate Body reports. While the WTO reports concluded that the ban on seal products can, in principle, be justified for moral concerns regarding the welfare of seals, they took issue with the two exceptions, the IC exception and the MRM exception. The MRM exception was found not to be justified as the possible difference in the commercial dimension of commercial hunts and MRM hunts (small scale, non-profit) was not sufficient to justify the distinction. With regard to the IC exception, while in principle reflecting a legitimate distinction, the Appellate body ruled, that some elements of its design and application amounted to “arbitrary and unjustifiable discrimination”. On 10 July 2014 the European Union notified the DSB that it intends to implement the recommendations and rulings of the DSB in this dispute in a manner that respects its WTO obligations. On 5 September 2014, the European Union, Canada and Norway agreed that the reasonable period for implementing the DSB recommendations and rulings would be 16 months. Accordingly, the reasonable period of time will expire on 18 October 2015. The purpose of this legislative proposal is to implement the DSB recommendations and rulings with regard to the Basic Regulation. It also creates the legal basis for bringing Regulation (EU) No 737/2010 in compliance with the said rulings. The concerns regarding the MRM exception are remedied by removing the MRM exception from the Basic Regulation. The concerns relating to the design and application of the IC exception are addressed by modifying the exception, in particular by linking its use to the respect of animal welfare and providing for a limit to the placing of the market of seal products if the scale of the hunt or other circumstances are such as to indicate that the hunt is being conducted primarily for commercial purposes. In addition, experts from the Commission are working together with experts from Canada in order to set up the necessary attestation system to enable Canadian Inuit to make use of the Inuit exception under the EU seal regime. In addition, it is also necessary to use this initiative to align the reference to the regulatory procedure with scrutiny in Regulation (EC) No 1007/2009 to Article 290 of the Treaty on the Functioning of the European Union (TFEU). Given the tight timeframe for compliance with the WTO rulings and to allow for a swift adoption of the proposal by the legislator, the Commission exceptionally took on board in this proposal an amendment of the Parliament proposed in the context of proposal COM (2013)451 (this proposal also covered the alignment of Regulation 1007/2009) in relation to the duration of the delegation.
Revised version (Article 7 Reporting):
1. By 31 December 2018 and every four years thereafter, Member States shall submit to the Commission a report outlining the actions taken to implement this Regulation. 2. The Commission shall submit to the European Parliament and to the Council a report on the implementation of this Regulation within 12 months of the end of each reporting period referred to in paragraph 1. The first report shall be submitted by 31 December 2019. 3. In its reports submitted in accordance with paragraph 2, the Commission shall assess the functioning, effectiveness and impact of this Regulation in achieving its objective.
Article 8 Entry into force and application
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union . Article 3 shall apply from 20 August 2010.