Legal provisions of COM(2008)469 - Trade in seal products - Main contents
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| dossier | COM(2008)469 - Trade in seal products. |
|---|---|
| document | COM(2008)469  |
| date | September 16, 2009 |
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. |
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).
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.
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.
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.
This Regulation shall be binding in its entirety and directly applicable in all Member States.