Legal provisions of COM(2015)45 - Amendment of Regulation (EC) No 1007/2009 on trade in seal products

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dossier COM(2015)45 - Amendment of Regulation (EC) No 1007/2009 on trade in seal products.
document COM(2015)45 EN
date October  6, 2015

Contents

Article 1

Regulation (EC) No 1007/2009 is amended as follows:

(1)In Article 2, the following point is inserted:

‘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;’.

(2)Article 3 is replaced by the following:

‘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 conducted by Inuit or other indigenous communities, provided that all of the following conditions are fulfilled:

(a)the hunt has traditionally been conducted by the community;

(b)the hunt is conducted for and contributes to the subsistence of the community, including in order to provide food and income to support life and sustainable livelihood, and is not conducted primarily for commercial reasons;

(c)the hunt is conducted in a manner which has due regard to animal welfare, taking into consideration the way of life of the community and the subsistence purpose of the hunt.

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).’.

(3)The following Article is inserted:

‘Article 4a

Exercise of the delegation

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2. The power to adopt delegated acts referred to in Article 3(5) shall be conferred on the Commission for a period of five years from 10 October 2015. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

3. The delegation of power referred to in Article 3(5) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

5. A delegated act adopted pursuant to Article 3(5) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.’.

(4)Article 5 is replaced by the following:

‘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.

(7) Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein (OJ L 61, 3.3.1997, p. 1)."

(8) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).’."

(5)The following article is inserted:

‘Article 5a

Information

The Commission shall inform the public, with a view to raising their awareness, and competent authorities, including customs authorities, of the provisions of this Regulation and of the rules under which seal products resulting from hunts conducted by Inuit or other indigenous communities can be placed on the market.’.

(6)Article 7 is replaced by the following:

‘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 2

Regulation (EU) No 737/2010 is repealed with effect from the date of application of the implementing act to be adopted pursuant to Article 3(4) of Regulation (EC) No 1007/2009, as amended by this Regulation.

Article 3

1. This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

2. This Regulation shall apply from 18 October 2015.

This Regulation shall be binding in its entirety and directly applicable in all Member States.