[ParlTrack]

Having regard to the Treaty establishing the European Community, and in particular Articles 95,133 and 13375 thereof,

2009/01/28
Committee: AGRI

Elisabeth JEGGLE, Esther DE LANGE, Lily JACOBS

Proposal for a regulation
Recital 6

(6) To eliminate the present fragmentation of the internal market~~, there is a need to provide for harmonised rules while taking into account animal welfare consideration~~ and take account of both general animal welfare concerns and the aim of preserving the natural ecological basis for life, there is a need to provide for harmonised rules. A ban on placing seal products on the market is appropriate ~~to that effect~~for these purposes.

2009/01/28
Committee: AGRI

Esther DE LANGE

Proposal for a regulation
Recital 11

(11) It is appropriate, however, to provide for the possibility of derogations from the general ban on the placing on the market and the import in, or export from, the Community of seal products insofar as the appropriate conditions based on animal welfare considerations are met. To that effect, criteria should be provided for the compliance with which should ensure that seals are killed and skinned without causing avoidable pain, distress and other forms of suffering. Any such derogation should be granted at Community level so that uniform conditions apply throughout the Community with respect to the trade specifically allowed under those derogations and the smooth functioning of the internal market is preserved.deleted

2009/01/28
Committee: AGRI

Esther DE LANGE

Proposal for a regulation
Recital 12

(12) Seal products should only be placed on the market, imported, transiting, or exported if they meet the conditions provided for to that effect by this Regulation. However, if placed on the market, imported or exported in accordance with a derogation granted under this Regulation, seal products will also have to comply with the relevant Community legislation, including animal health and food and feed safety provisions, as appropriate. This Regulation should not affect the obligations under Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption concerning the disposal of seal products for public and animal health reasons.deleted

2009/01/28
Committee: AGRI

Elisabeth JEGGLE, Esther DE LANGE, Lily JACOBS

Proposal for a regulation
Recital 13

(13) The fundamental economic and social interests of Inuit communities traditionally engaged in the hunting of seals as a means to ensure their subsistence should not be adversely affected. The hunt is an integrated part of the culture and the identity of the members of the Inuit society. It represents a source of income and contributes to the subsistence of the hunter. Therefore, seal products deriving from hunts traditionally conducted by Inuit communities and which ~~contribute to~~ensure their subsistence should not be covered by the prohibitions provided for in this Regulation.

2009/01/28
Committee: AGRI

Esther DE LANGE

Proposal for a regulation
Recital 14

(14) Appropriate requirements should be provided for ensuring that derogations to trade prohibitions can be properly enforced under this Regulation. To that effect, provisions should be made relating to certification schemes as well as on labelling and marking. Certification schemes should ensure that seal products are certified as coming from seals which have been killed and skinned in accordance with the appropriate requirements, which are effectively enforced, and whose object is to ensure that seals are killed and skinned without causing avoidable pain, distress and any other form of suffering.deleted

2009/01/28
Committee: AGRI

Elisabeth JEGGLE, Esther DE LANGE, Lily JACOBS

Proposal for a regulation
Recital 16

(16) In particular, the Commission should be empowered to adopt all measures necessary to ensure that the procedures a~~re in place allowing applications for derog~~nd the correct implementation tof the trade prohibitions set out in this Regulation to be lodged and handled in an efficient manner, as well as to ensure the proper implementation of the provisions of this Regulation concerning certification schemes and labelling and markingprovisions of this Regulation are possible, particularly proof of the origin of original Inuit products. Since those measures are of a general scope and are designed to amend non-essential elements of this Regulation by supplementing it, inter alia, by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. The Commission should also be empowered to decide on derogations to trade prohibitions under this Regulation, suspension or revocation thereof. Since those measures are adopted to ensure the management of the scheme provided for in this Regulation and apply it in individual cases, they must be adopted in accordance with the management procedure provided for in Article 4 of Decision 1999/468/EC.

2009/01/28
Committee: AGRI

Elisabeth JEGGLE, Esther DE LANGE, Lily JACOBS

Proposal for a regulation
Article 1

This Regulation establishes harmonised rules concerning the placing on the market and the import in, transit through, or export from, the European Community of seal products; it takes account both of general animal welfare concerns and of the aim of preserving the natural ecological basis for life.

2009/01/28
Committee: AGRI

Elisabeth JEGGLE, Esther DE LANGE, Lily JACOBS

Proposal for a regulation
Article 2 – paragraph 1

1. 'seal' means specimens of ~~Pinnipeds belonging to the species listed in Annex I~~all species of Pinnipeds (Phocidae, Otariidae, Odobenidae);

2009/01/28
Committee: AGRI

Elisabeth JEGGLE, Esther DE LANGE, Lily JACOBS

Proposal for a regulation
Article 3 – paragraph 2

2. Paragraph 1 shall not apply to seal products resulting from hunts traditionally conducted by Inuit communities and which ~~contribute to~~ensure their subsistence.

2009/01/28
Committee: AGRI

Esther DE LANGE

Proposal for a regulation
Article 4

Conditions of placing on the market, 1. Notwithstanding Article 3(1), the placing on the market, and the import in, transit through, or export from, the Community of seal products shall be allowed where the following conditions are met: (a) they have been obtained from seals killed and skinned in a country where, or by persons to whom, adequate legislative provisions or other requirements apply ensuring effectively that seals are killed and skinned without causing avoidable pain, distress and any other form of suffering; (b) the legislative provisions or other requirements referred to in point (a) are effectively enforced by the relevant authorities; (c) an appropriate scheme is in place whereby seal products, including seal skins and other raw materials derived from seals used to produce seal products, are certified as coming from seals to which the conditions laid down in points (a) and (b) apply, and (d) the fulfilment of the conditions laid down in points (a), (b) and (c) is evidenced by: (i) a certificate, and (ii) a label or marking, where a certificate does not suffice to ensure the proper enforcement of this Regulation, in accordance with Articles 6 and 7. 2. Member States shall not impede the placing on the market, import and export of seal products which comply with the provisions of this Regulation.Article 4 deleted import, transit and export

2009/01/28
Committee: AGRI

Esther DE LANGE

Proposal for a regulation
Article 5

1. Applicants requesting a derogation which demonstrate to the satisfaction of the Commission that the conditions provided for in Article 4(1) are met shall be granted a derogation. 2. The Commission shall appraise the fulfilment of the conditions laid down in point (a) of Article 4(1) on the basis of the criteria set out in Annex II. 3. Derogations granted pursuant to paragraph 1 shall be suspended or revoked where any of the conditions referred to in that paragraph would cease to be met. 4. The Commission shall grant derogations, and decide on suspension or revocation thereof, in accordance with the procedure referred to in Article 9(2). 5. The Commission shall adopt all measures necessary to implement this Article, such as measures on the applications to be submitted to the Commission, including evidentiary requirements, in order to obtain a derogation. In doing so, the Commission shall take into consideration the different conditions which may occur in the territories of different countries. Those measures, designed to amend nonessential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 9(3).Article 5 deleted Derogations

2009/01/28
Committee: AGRI

Esther DE LANGE

Proposal for a regulation
Article 6

1. Certificates referred to in Article 4(1)(d)(i) shall fulfil the following minimum conditions: (a) they shall display all relevant information necessary to attest that the seal product or products they refer to meet the condition laid down in Article 4(1)(c); and (b) they shall be validated by an independent body or public authority attesting the accuracy of the information displayed therein. 2. The Commission shall adopt all measures necessary to implement this Article. It may, in particular, specify the information to be displayed and the evidentiary requirements to be submitted to attest that the condition laid down in point (b) of paragraph 1 is met. Those measures, designed to amend nonessential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 9(3).Article 6 deleted Certificates

2009/01/28
Committee: AGRI

Esther DE LANGE

Proposal for a regulation
Article 7

1. The label or marking referred to in Article 4(1)(d)(ii) shall be affixed in an intelligible, indelible and visible manner. 2. The Commission shall adopt all measures necessary to implement this Article, such as measures specifying the conditions which marking and label shall meet and the circumstances under which they shall be affixed. Those measures, 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 9(3).Article 7 deleted Labelling and marking

2009/01/28
Committee: AGRI

Esther DE LANGE

Proposal for a regulation
Article 8

Amendments to the Annexes The Commission may amend the annexes. Those measures, designed to amend nonessential elements of this regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 9(3).rticle 8 deleted

2009/01/28
Committee: AGRI

Esther DE LANGE

Proposal for a regulation
Article 9 – paragraph 2

~~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.~~deleted

2009/01/28
Committee: AGRI

Esther DE LANGE, Elisabeth JEGGLE

Proposal for a regulation
Article 10 a (new)

Article 10a The protective measures adopted pursuant to this regulation shall not prevent any Member State from maintaining or introducing more stringent protective measures. Such measures must be compatible with the treaty. They shall be notified to the Commission.

2009/01/28
Committee: AGRI

Esther DE LANGE

Proposal for a regulation
Article 12 – paragraph 2

Articles 3 ~~and 4~~ shall apply 6 months after the date of entry into force of the Regulation unless the implementing measures referred to in Articles 3(3), 5(5), 6(2) and 7(2) are not in force on that date, in which case they shall apply on the day following the entry into force of those implementing measures.

2009/01/28
Committee: AGRI

Elisabeth JEGGLE, Esther DE LANGE, Lily JACOBS

Proposal for a regulation
Annex I

This annex is deleted.

2009/01/28
Committee: AGRI

Esther DE LANGE

Proposal for a regulation
Annex II

Annex deleted

2009/01/28
Committee: AGRI

20 Amendments of Esther DE LANGE related to 2008/0160(COD)

ParlTrack - 2011-2024