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Document 02009R1007-20151018
Regulation (EC) No 1007/2009 of the European Parliament and of the Council of 16 September 2009 on trade in seal products (Text with EEA relevance)
Consolidated text: Regulation (EC) No 1007/2009 of the European Parliament and of the Council of 16 September 2009 on trade in seal products (Text with EEA relevance)
Regulation (EC) No 1007/2009 of the European Parliament and of the Council of 16 September 2009 on trade in seal products (Text with EEA relevance)
02009R1007 — EN — 18.10.2015 — 001.001
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REGULATION (EC) No 1007/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 September 2009 on trade in seal products (OJ L 286 31.10.2009, p. 36) |
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REGULATION (EU) 2015/1775 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 6 October 2015 |
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7.10.2015 |
REGULATION (EC) No 1007/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 16 September 2009
on trade in seal products
(Text with EEA relevance)
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:
‘seal’ means specimens of all species of pinnipeds (Phocidae, Otariidae and Odobenidae);
‘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;
‘placing on the market’ means introducing onto the Community market, thereby making available to third parties, in exchange for payment;
‘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);
‘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;
‘import’ means any entry of goods into the customs territory of the Community.
Article 3
Conditions for placing on the market
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:
the hunt has traditionally been conducted by the community;
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;
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.
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.
Article 4
Free movement
Member States shall not impede the placing on the market of seal products which comply with this Regulation.
Article 4a
Exercise of the delegation
Article 5
Committee procedure
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.
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
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.
( 1 ) Opinion delivered on 26 February 2009 (not yet published in the Official Journal).
( 2 ) Opinion of the European Parliament of 5 May 2009 (not yet published in the Official Journal) and Council Decision of 27 July 2009.
( 3 ) OJ C 306 E, 15.12.2006, p. 194.
( 4 ) OJ C 308 E, 16.12.2006, p. 170.
( 5 ) OJ L 91, 9.4.1983, p. 30.
( 6 ) OJ L 184, 17.7.1999, p. 23.
( 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).