2015/0028(COD) | [ParlTrack]

Proposal for a regulation
Recital 1

(1) Regulation (EC) No 1007/2009 of the European Parliament and of the Council2 was adopted with the objective of eliminating obstacles to the functioning of the internal market due to differences in national measures regulating trade in seal products. Those measures were adopted in response to public moral concerns about the animal welfare aspects of the killing of seals and the possible presence on the market of products obtained from animals killed in a way that causes excessive pain, distress, fear and other forms of suffering. Such concerns were supported by scientific evidence showing that a genuinely humane killing method cannot be consistently and effectively applied and enforced in the specific conditions in which seal hunting takes place. In order to achieve that objective, Regulation (EC) No 1007/2009 introduced, as a general rule, a prohibition of placing on the market of seal products. __________________ 2 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).

Amendment 12 #

Proposal for a regulation
Recital 1

Amendment 13 #

Proposal for a regulation
Recital 1

(1) Regulation (EC) No 1007/2009 of the European Parliament and of the Council2 was adopted with the objective of eliminating obstacles to the functioning of the internal market due to differences in national measures regulating trade in seal products. Those measures were adopted in response to public moral concerns about the animal welfare aspects of the killing of seals and the possible presence on the market of products obtained from animals killed ~~in a way that causes excessiv~~by using cruel practices which cause pain, distress, fear and other forms of suffering. Such concerns were supported by scientific evidence showing that of a sample of seals killed by hunters, some 42% were skinned alive and a further 40% were repeatedly beaten before dying. These studies therefore prove that a genuinely humane killing method cannot be consistently and effectively applied and enforced in the specific conditions in which seal hunting takes place. In order to achieve that objective, Regulation (EC) No 1007/2009 introduced, as a general rule, a prohibition of placing on the market of seal products. __________________ 2 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).

Amendment 14 #

Proposal for a regulation
Recital 2

(2) At the same time, seal hunting is an integral part of the culture, socio- economy and identity of the Inuit and other indigenous communities ~~and~~, makes a major contribution to their subsistence and is considered sustainable. For those reasons, seal hunts traditionally conducted by Inuit and other indigenous communities do not raise the same public moral concerns as the hunts conducted primarily for commercial purposes. Moreover, it is broadly recognised that the fundamental and social interests of Inuit and other indigenous communities should not be adversely affected, in accordance with United Nations Declaration on the rights of Indigenous Peoples and other relevant international instruments, in particular Convention C169 on Indigenous and Tribal Peoples in Independent Countries, adopted by the International Labour Organisation in 1989, whereby Inuit and other indigenous communities have the right to self-identification and, by virtue of that right, the right to freely pursue their economic, social and cultural development. For those reasons, by way of exception, Regulation (EC) No 1007/2009 allows and actively supports and promotes the placing on the market of seal products which result from hunts traditionally and sustainably conducted by Inuit and other indigenous communities and which contribute to their subsistence. The Commission should investigate which appropriate measures can be introduced to counter the potential adverse negative effects the ban on seal products has had on Inuit communities as well as how to inform the general public about European indigenous communities.

Amendment 15 #

Proposal for a regulation
Recital 2

(2) At the same time, seal hunting is an integral part of the culture and identity of the Inuit and other indigenous communities and makes a major contribution to their subsistence. For those reasons, seal hunts traditionally conducted by Inuit and other indigenous communities do not raise the same public moral concerns as the hunts conducted primarily for commercial purposes. Moreover, iIt is broadly recognised that the fundamental, economic and social interests of Inuit and other indigenous communities should not be adversely affected, in accordance with United Nations Declaration on the rights of Indigenous Peoples and other relevant international instruments. For those reasons, by way of exception, Regulation (EC) No 1007/2009 allows the placing on the market of seal products which result from hunts traditionally conducted by Inuit and other indigenous communities and which contribute to their subsistence.

Amendment 16 #

Marielle DE SARNEZ, Frédérique RIES

Proposal for a regulation
Recital 2

(2) At the same time, seal hunting is an integral part of the culture and identity of the Inuit and other indigenous communities and makes a ~~major~~ contribution to their subsistence. For those reasons, seal hunts traditionally conducted by Inuit and other indigenous communities ~~do not raise the sam~~, if prohibited during reproduction periods and carried out with the sole aim of supporting communities in a sustainable way, mitigate the public moral concerns ~~as the~~relating to hunts conducted primarily for commercial purposes. Moreover, it is broadly recognised that the fundamental and social interests of Inuit and other indigenous communities should not be adversely affected, in accordance with United Nations Declaration on the rights of Indigenous Peoples and other relevant international instruments. For those reasons, by way of exception, Regulation (EC) No 1007/2009 allows the placing on the market of seal products which result from hunts traditionally conducted by Inuit and other indigenous communities and which contribute to their subsistence.

Amendment 17 #

Proposal for a regulation
Recital 2 a (new)

(2a) The Regulation should ensure a balance between animal welfare and respect for the culture and traditions of Inuit and other indigenous communities;

Amendment 18 #

Proposal for a regulation
Recital 2 a (new)

(2a) In order to enable the subsistence of the Inuit people and indigenous communities the Union should promote alternatives to hunting for the benefit of the conservation and management of marine resources as part of its development policy.

Amendment 19 #

Proposal for a regulation
Recital 3

Amendment 20 #

Proposal for a regulation
Recital 3

(3) ~~A genuinely humane killing method cannot be effectively and consistently applied in the hunts conducted by the Inuit and other indigenous communities, just like in the other seal hunts. Nonetheless, i~~It is appropriate, in light of the objective pursued by Regulation (EC) No 1007/2009, to make the placing in the Union market of products resulting from hunts by the Inuit and other indigenous communities conditional upon those hunts being conducted in a manner which reduces pain, distress, fear or other forms of suffering of the animals hunted to the extent possible, while having regard to the traditional way of life and the subsistence needs of the Inuit and other indigenous communities. The exception granted in respect of seal products resulting from hunts conducted by Inuit and other indigenous communities should be limited to hunts that contribute to the subsistence need of those communities and are therefore not conducted primarily for commercial purposes. Thus, the Commission should be enabled to limit, if necessary, the quantity of seal products placed on the market under that exception in order to prevent the use of the exception by products resulting from hunts which are conducted primarily for commercial purposes.

Amendment 21 #

Yannick JADOT

Proposal for a regulation
Recital 3

Amendment 22 #

Proposal for a regulation
Recital 3

(3) ~~A genuinely humane killing method cannot be effectively and consistently applied in the hunts conducted by the Inuit and other indigenous communities, just like in the other seal hunts. Nonetheless, i~~It is appropriate, in light of the objective pursued by Regulation (EC) No 1007/2009, to make the placing in the Union market of products resulting from hunts by the Inuit and other indigenous communities conditional upon those hunts being conducted in a manner which reduces pain, distress, fear or other forms of suffering of the animals hunted to the extent possible, while having regard to the traditional way of life and the subsistence needs of the Inuit and other indigenous communities. The exception granted in respect of seal products resulting from hunts conducted by Inuit and other indigenous communities should be limited to hunts that contribute to the subsistence need of those communities and are therefore not conducted ~~primari~~solely for commercial purposes. Thus, the Commission should be enabled to limit, if necessary, and only when relevant evidence is presented and where appropriate after a consultation with all stakeholders, the quantity of seal products placed on the market under that exception in order to prevent the use of the exception by products resulting from hunts which are conducted ~~primari~~solely for commercial purposes.

Amendment 23 #

Proposal for a regulation
Recital 3

(3) ~~A genuinely humane killing method cannot be effectively and consistently applied in the hunts conducted by the Inuit and other indigenous communities, just like in the other seal hunts. Nonetheless, i~~It is appropriate, in light of the objective pursued by Regulation (EC) No 1007/2009, to make the placing in the Union market of products resulting from hunts by the Inuit and other indigenous communities conditional upon those hunts being conducted in a ~~manner which reduces pain, distress, fear or other forms of suffering of the animals hunted to the extent possible~~sustainable manner, while having regard to the traditional way of life and the subsistence needs of the Inuit and other indigenous communities. Accordingly, the Commission should take measures to inform consumers about the provisions of that objective and to counter misinformation and misperception of the hunts, thereby restoring consumer confidence. The exception granted in respect of seal products resulting from hunts conducted by Inuit and other indigenous communities should be limited to hunts that contribute to the subsistence need of those communities and are therefore not conducted primarily for commercial purposes. Thus, the Commission should be enabled to limit, if necessary, the quantity of seal products placed on the market under that exception in order to prevent the use of the exception by products resulting from hunts which are conducted primarily for commercial purposes.

Amendment 24 #

Proposal for a regulation
Recital 3

Amendment 25 #

Proposal for a regulation
Recital 3

(3) A genuinely humane killing method cannot be effectively and consistently applied in the hunts conducted by the Inuit and other indigenous communities, just like in the other seal hunts. Nonetheless, it is appropriate, in light of the objective pursued by Regulation (EC) No 1007/2009, to make the placing in the Union market of products resulting exclusively from hunts by the Inuit and other indigenous communities conditional upon those hunts being conducted in a sustainable manner which reduces pain, distress, fear or other forms of suffering of the animals hunted to the extent possible~~, while having regard to the traditional way of life and the subsistence needs of the Inuit and other indigenous communities. T~~. It would be appropriate for the exception granted in respect of seal products resulting from hunts conducted by Inuit and other indigenous communities ~~should~~to be limited to hunts that contribute solely to the subsistence need of those communities and are therefore not conducted p~~rimari~~urely for commercial purposes. Thus, the Commission should be enabled to limit, if necessary, the quantity of seal products placed on the market under that exception ~~in order to prevent the use of the exception by products resulting from hunts which are conducted primarily for commercial purposes~~.

Amendment 26 #

Proposal for a regulation
Recital 4

(4) Regulation (EC) No 1007/2009 also allows, by way of exception, the placing on the market of seal products where the hunt is conducted with the sole purpose of sustainable management of marine resources. ~~While recogniz~~The placing on the importance of hunts for the purpose of sustainable management of marine resources, in practice, however, these hunts may be difficult to distinguish from the large hunts conducted primarily for commercial purposes. This may lead to unjustified discrimination between the seal products concerned. Therefore, this exception should no longer be provided formarket of seal products should, however, only be allowed if specific conditions are met, so as to differentiate from the large hunts conducted primarily for commercial purposes, in order to avoid the practice of discarding carcasses resulting from normal control of the seal population. Discarding carcasses is a violation of Article 10, Sustainable Use of Components of Biological Diversity, of the Convention on Biological Diversity, to which the Union and its Member States are bound. This is without prejudice to the right of Member States to continue regulating hunts conducted for the purposes of management of marine resources.

Amendment 27 #

Proposal for a regulation
Recital 4

(4) Regulation (EC) No 1007/2009 also allows, by way of exception, the placing on the market of seal products where the hunt is conducted with the sole purpose of sustainable management of marine resources. WThi~~le recognizing the importance of hunts for the purpose of sustainable management of marine resources, in practice, however, these hunts may be difficult to distinguish~~s should still be allowed, but applicable only under specific conditions, so as to differentiate from ~~the~~ large hunts conducted primarily for commercial purposes~~. This may lead to unjustified discrimination between the seal products concerned. Therefore, this exception should no longer be provided for~~, in order to avoid the discarding of carcasses resulting from normal and small-scale fisheries management. This is without prejudice to the right of Member States to continue regulating hunts conducted for the purposes of management of marine resources.

Amendment 28 #

Proposal for a regulation
Recital 4

(4) ~~Regulation (EC) No 1007/2009~~No exemption should be granted which also allows, by way of exception, the placing on the market of seal products where the hunt is conducted with the sole purpose of sustainable management of marine resources. While recognizing the importance of hunts for the purpose of sustainable management of marine resources, in practice, however, these hunts may be difficult to distinguish from the large hunts conducted primarily for commercial purposes. This may lead to unjustified discrimination between the seal products concerned. Therefore, this exception should no longer be provided for. This is without prejudice to the right of Member States to continue regulating hunts conducted for the purposes of management of marine resources.

Amendment 29 #

Proposal for a regulation
Recital 4 a (new)

(4a) On 22 May 2014, the World Trade Organisation published the Reports of its Appellate Body in the appeals of the Panel Report, European Communities – Measures Prohibiting the Importation and Marketing of Seal Products (WT/DS400/AB/R; and WT/DS401/AB/R).

Amendment 30 #

Proposal for a regulation
Recital 4 b (new)

(4b) Article III.4 of the General Agreement on Tariffs and Trade 1994 provides that the products of the territory of any contracting party imported into the territory of any other contracting party are to be accorded treatment no less favourable than that accorded to like products of national origin.

Amendment 31 #

Ivan JAKOVČIĆ

Proposal for a regulation
Recital 5

(5) In order to provide for detailed rules as regards placing on the market of seal products, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission. It is of particular importance that the Commission carry out appropriate consultations, including at expert level and with the Inuit and other indigenous communities concerned. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

Amendment 32 #

Proposal for a regulation
Recital 5 a (new)

(5a) The Commission should, prior to implementing this Regulation, conduct an Impact Assessment to quantify and qualify the social, economic and cultural effects of the revision, ensuring that any revision respects the fact that the hunting of seals is a part of certain communities' cultural identity, thus ensuring that the livelihood of communities living in proximity of seals is not threatened, and that the biological and cultural diversity of the Union is respected.

Amendment 33 #

Proposal for a regulation
Article 1 – point 1

Regulation (EC) No 1007/2009
Article 3 – paragraph 1 – subparagraph 1 – introductory part

1. The placing on the market of seal products shall be allowed only where the seal products result from hunts conducted by Inuit and other indigenous communities, provided that the following conditions are ~~all~~ satisfied:

Amendment 34 #

Proposal for a regulation
Article 1 – point 1

Regulation (EC) No 1007/2009
Article 3 – paragraph 1 – subparagraph 1 – introductory part

1. The placing on the market of seal products shall be allowed only where the seal products result exclusively from hunts conducted by Inuit and other indigenous communities, provided that the following conditions are all satisfied:

Amendment 35 #

Ulla TØRNÆS, Nils TORVALDS, Dita CHARANZOVÁ

Proposal for a regulation
Article 1 – point 1

The placing on the market of seal products shall be allowed only where the seal products result from hunts conducted by Inuit and other indigenous communities, ~~provided tha~~taking into account the following conditions ~~are all satisfied~~:

Amendment 36 #

Tiziana BEGHIN

Proposal for a regulation
Article 1 – point 1

Regulation (EC) No 1007/2009
Article 3 – paragraph 1 – subparagraph 1 – point a

(a) the hunt has ~~been~~ traditionally been conducted by the community for its subsistence;

Amendment 37 #

Proposal for a regulation
Article 1 – point 1

Regulation (EC) No 1007/2009
Article 3 – paragraph 1 – subparagraph 1 – point a

(a) the hunt ~~has been traditionally conducted by~~is an integrated part of the culture and identity of the community;

Amendment 38 #

Proposal for a regulation
Article 1 – point 1

Regulation (EC) No 1007/2009
Article 3 – paragraph 1 – subparagraph 1 – point a

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

Amendment 39 #

Georgios EPITIDEIOS

Proposal for a regulation
Article 1 – point 1

Regulation (EC) No 1007/2009
Article 3– paragraph 1 – subparagraph 1 – point b

(b) the hunt contributes to the subsistence of the community and is not conducted ~~primarily~~ for commercial reasons;

Amendment 40 #

Proposal for a regulation
Article 1 – point 1

Regulation (EC) No 1007/2009
Article 3 – paragraph 1 – subparagraph 1 – point b

(b) the hunt ~~contributes to the subsistence of the community and~~ is not conducted p~~rimari~~urely for commercial reasons;

Amendment 41 #

Proposal for a regulation
Article 1 – point 1

Regulation (EC) No 1007/2009
Article 3 – paragraph 1 – subparagraph 1 – point b

(b) the hunt contributes to the subsistence of the community ~~and is not conducted primarily for commercial reasons~~;

Amendment 42 #

Proposal for a regulation
Article 1 – point 1

Regulation (EC) No 1007/2009
Article 3 – paragraph 1 – subparagraph 1 – point b a (new)

(ba) hunting is prohibited during reproduction periods and until weaning;

Amendment 43 #

Proposal for a regulation
Article 1 – point 1

Regulation (EC) No 1007/2009
Article 3 – paragraph 1 – subparagraph 1 – point c

(c) the hunt is conducted in a manner which reduces pain, distress, fear or other forms of suffering of the animals hunted ~~to the extent possible taking into consideration the traditional way of life and the subsistence needs of the community~~.

Amendment 44 #

Proposal for a regulation
Article 1 – point 1

Regulation (EC) No 1007/2009
Article 3 – paragraph 1 – subparagraph 1 – point c

(c) the hunt is conducted in a manner ~~which reduces pain, distress, fear or other forms of suffering of the animals hunted to the extent possible~~ taking into consideration the traditional way of life and the subsistence needs of the community.

Amendment 45 #

Ulla TØRNÆS, Nils TORVALDS, Fredrick FEDERLEY

Proposal for a regulation
Article 1 – point 1

(c) the hunt is conducted in a manner which reduces pain, distress, fear or other forms of suffering of the animals hunted to the extent possible taking into consideration the traditional way of life and the subsistence needs of the communityby members of the community that possess a hunting licence, and in a manner which has due regard to animal welfare.

Amendment 46 #

Proposal for a regulation
Article 1 – point 1

Regulation (EC) No 1007/2009
Article 3 – paragraph 1 a (new)

1a. The placing on the market of seal products shall also be allowed provided that the following conditions are all satisfied: (a) the person placing the seal products on the market can show evidence that the seal products would otherwise be discarded; (b) the nature and quantity of seal production provided by the hunter indicate that trading opportunities of seal material are occasional, small scale and has been conducted for a non-commercial purpose; (c) the seal products result from hunts conducted on seal populations with favourable conservation status; and (d) the seal products result from hunts that have been conducted in a way that does not cause excessive pain, distress, fear or other forms of suffering.

Amendment 47 #

Proposal for a regulation
Article 1 – point 1

Regulation (EC) No 1007/2009
Article 3 – paragraph 1 a (new)

1a. The placing on the market of seal products shall also be allowed provided that provided that the following conditions are all satisfied: (a) the person placing the seal products on the market can show evidence that the seal products would otherwise be discarded; (b) the seal products result from hunts conducted primarily for non-commercial purposes and under national management schemes for the conservation of exhaustible natural resources, with a view to maintaining the viability of seal populations as a component of their natural habitat, including disease control, or limiting the effects of interspecific competition with other species depending on the same habitat or resources; (c) the seal products result from hunts conducted on seal populations with favourable conservation status; and (d) the seal products result from hunts that have been conducted in a way that does not cause excessive pain, distress, fear or other forms of suffering. The above conditions shall apply at the time or point of import for imported products.

Amendment 48 #

Proposal for a regulation
Article 1 – point 1

Regulation (EC) No 1007/2009
Article 3 – paragraph 1 a (new)

1a. The placing on the market of seal products shall also be allowed provided that the following conditions are met: (a) the seal products result from hunts conducted on seal populations with favourable conservation status; (b) the person placing the seal products on the market can show that the seal products would otherwise be discarded; (c) the nature and quantity of seal products provided by the hunter are not such as to indicate a commercial motive; (d) the seal products result from hunts that have been conducted in a way that does not cause excessive pain, distress, fear or other forms of suffering, and where animal welfare objectives laid down by national legislation have been respected

Amendment 49 #

Proposal for a regulation
Article 1 – point 1

1a. The Commission shall draw up an economic and environmental impact assessment in which it defines the impact this Regulation is having on the economic and social subsistence of the Inuit and other indigenous communities, evaluates its implementation and any infringements and, in the event of any negative effects, decides whether to develop economic conversion programmes in environmentally sustainable sectors such as tourism.

Amendment 50 #

Proposal for a regulation
Article 1 – point 1

Regulation (EC) No 1007/2009
Article 3 – paragraph 1 a (new)

1a. The placing on the market of seal products shall also be allowed provided that all of the following conditions are met: (a) the person placing the seal products on the market can show evidence that the seal products would otherwise be discarded and would violate Article 10 of the Convention on Biological Diversity; (b) the seal products result exclusively result from hunts conducted on seal populations with favourable conservation status; (c) the nature and quantity of seal products provided by the hunter are not such as to indicate that the hunt, and any proceeds derived from the hunt, make up a significant part of the person's economic activity; (d) the nature and quantity of seal production provided by the hunter indicate that trading opportunities of seal material are occasional; and (e) the seal products result from hunts that have been conducted in a way that does not cause excessive pain, distress, fear or other forms of suffering. The above conditions shall apply at the time or point of import for imported products.

Amendment 51 #

Proposal for a regulation
Article 1 – point 1

Regulation (EC) No 1007/2009
Article 3 – paragraph 3

3. The application of paragraphs 1, 1a and 2 shall not undermine the achievement of the objective of this Regulation.

Amendment 52 #

Jörg LEICHTFRIED, David MARTIN

Proposal for a regulation
Article 1 – point 1

Regulation (EC) No 1007/2009
Article 3 – paragraph 5

5. If the ~~number of seals hunted,~~re is relevant evidence indicating the quantity of seal products being placed on the market pursuant to paragraph 1 or other circumstances are such as to ~~indicat~~prove that a hunt is conducted ~~primari~~solely for commercial purposes, the Commission shall be empowered to adopt delegated acts in accordance with Article 4 in order to limit the quantity of products resulting from that hunt that may be placed on the market.

Amendment 53 #

Yannick JADOT

Proposal for a regulation
Article 1 – point 1

Regulation (EC) No 1007/2009
Article 3 – paragraph 5

5. If the number of seals hunted, the quantity of seal products being placed on the market pursuant to paragraph 1 or other circumstances are such as to indicate that a hunt is conducted primarily for commercial purposes, the Commission shall be empowered to adopt delegated acts in accordance with Article 4 in order to ~~limit the quantity of~~prohibit the products resulting from that hunt ~~that may be~~from being placed on the market.

Amendment 54 #

Proposal for a regulation
Article 1 – point 1

Regulation (EC) No 1007/2009
Article 3 – paragraph 5

5. If the number of seals hunted, the quantity of seal products being placed on the market pursuant to paragraph 1 or other circumstances are such as to indicate that a hunt is conducted primarily for commercial purposes, the Commission shall be empowered to adopt delegated acts in accordance with Article 4 in order to ~~lim~~prohibit the ~~quantity~~placing on the market of products resulting from that hunt ~~that may be placed on the market~~.

Amendment 55 #

Proposal for a regulation
Article 1 – point 1

Regulation (EC) No 1007/2009
Article 3 – paragraph 5

5. If the ~~number of seals hunted, the quantity of seal products being placed on the market pursuant to paragraph 1 or o~~re is relevant evidence indicating that the export of seal products to the Union is deemed unsustainable or purely commercial the Commission may take action, if ther c~~ircumstances are such as to indicate that a hunt is conducted primarily for commercial purposes, the Commission shall be empowered to adopt delegated acts~~onditions for placing the seal products on the market are not in accordance with Article 3(1). The Commission may act after consultation with the countries of origin concerned and taking into acco~~rdance with Article 4 in order to limit the quantity of product~~unt any opinion from the Committee referred to in Article 5. Subsequently the Commission may establish general restrictions, or restrictions resulating ~~from that hunt that may be placed on the market~~to certain countries of origin, on the introduction of seal products into the Union.

Amendment 56 #

Proposal for a regulation
Article 1 – point 3 a (new)

Regulation (EC) No 1007/2009
Article 5 a (new)

(3a) The following article is inserted: "Article 5a Public information The Commission and Member States shall take appropriate measures to inform competent authorities, including customs officials in the Member States, and the public regarding market access in compliance with applicable legal rules of seal products resulting from hunts conducted by indigenous communities in accordance with Article 3(1)."

Amendment 57 #

Marita ULVSKOG, Jens NILSSON, Jytte GUTELAND

Proposal for a regulation
Article 1 – point 3 a (new)

Regulation (EC) No 1007/2009
Article 7 – paragraph 2 a (new)

(3a) In Article 7, the following paragraph is added: "2a. Moreover, the Commission shall evaluate the impact of this Regulation on the economic, social and cultural development of Inuit communities in affected regions, and, by 31 December 2020, shall submit to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions a report on its impact."

Amendment 58 #

Proposal for a regulation
Article 1 – point 3 a (new)

Regulation (EC) No 1007/2009
Article 7 a (new)

(3a) The following article is inserted: "Article 7a Review The Commission shall carry out a review of this Regulation by two years after the entry into force of this Regulation. The review shall be based on an impact assessment on the socio-economic and cultural effects of this Regulation on the development and identity of the Inuit and other indigenous communities. The review shall also address the effects of this Regulation on coastal communities where hunting of seals forms part of maritime resource management. A review of this Regulation shall be carried out every six years thereafter. "

source: 554.860

2015/04/28 IMCO 40 amendments...

Amendment 10 #

Liisa JAAKONSAARI

Proposal for a regulation
Recital 1

Amendment 11 #

Jens NILSSON, Marita ULVSKOG, Christel SCHALDEMOSE

Proposal for a regulation
Recital 1

Amendment 12 #

Proposal for a regulation
Recital 1

Amendment 13 #

Proposal for a regulation
Recital 1

(1) Regulation (EC) No 1007/2009 of the European Parliament and of the Council2 was adopted with the objective of eliminating obstacles to the functioning of the internal market due to differences in national measures regulating trade in seal products. Those measures were adopted in response to widespread public moral ~~concerns~~outrage about the animal welfare aspects of the killing of seals and the possible presence on the market of products obtained from animals killed in a way that causes excessive pain, distress, fear and other forms of suffering. Such ~~concerns were~~outrage was supported by scientific evidence showing that a genuinely humane killing method cannot be consistently and effectively applied and enforced in the specific conditions in which seal hunting takes place. In order to achieve that objective, Regulation (EC) No 1007/2009 introduced, as a general rule, a prohibition of placing on the market of seal products. __________________ 2 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).

Amendment 14 #

Proposal for a regulation
Recital 1

(1) Regulation (EC) No 1007/2009 of the European Parliament and of the Council 2 was adopted with the objective of eliminating obstacles to the functioning of the internal market ~~due~~and to ~~differences in national measures~~harmonise national legislation regulating trade in seal products. Those measures were adopted in response to public moral concerns about the animal welfare aspects of the killing of seals and the possible presence on the market of products obtained from animals killed in a way that causes excessive pain, distress, fear and other forms of suffering. Such concerns were supported by scientific evidence showing that a genuinely humane killing method cannot be consistently and effectively applied and enforced in the specific conditions in which seal hunting takes place. In order to achieve that objective, Regulation (EC) No 1007/2009 introduced, as a general rule, a prohibition of placing on the market of seal products. __________________ 2 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).

Amendment 15 #

Ulla TØRNÆS, Jens ROHDE, Nils TORVALDS, Filiz HYUSMENOVA

Proposal for a regulation
Recital 2

(2) At the same time, seal hunting is an integral part of the culture and identity of the Inuit and other indigenous communities and makes a major contribution to their subsistence, including their right to development and to pursue economic activities. For those reasons, seal hunts traditionally conducted by Inuit and other indigenous communities, which are considered sustainable and do not harm the health of seal population, do not raise the same public moral concerns as the hunts conducted primarily for commercial purposes. Moreover, it is broadly recognised that the fundamental economic and social interests of Inuit and other indigenous communities should not be adversely affected, in accordance with United Nations Declaration on the rights of Indigenous Peoples and other relevant international instruments. Furthermore the 169 Indigenous and Tribal Peoples Convention, adopted by the International Labour Organisation in 1989, emphasises the indigenous peoples' right to self- determination, and thereby the right to freely pursue their economic, social and cultural development. For those reasons, by way of exception, Regulation (EC) No 1007/2009 allows the placing on the market of seal products which result from hunts traditionally conducted by Inuit and other indigenous communities and which contribute to their subsistence.

Amendment 16 #

Proposal for a regulation
Recital 2

(2) At the same time, seal hunting is an integral part of the culture and identity of the Inuit and other indigenous communities and makes a major contribution to their subsistence, providing not only food but the other essential element required for subsistence, namely a sustainable and reliable source of income. For those reasons, seal hunts traditionally conducted by Inuit and other indigenous communities do not raise the same public moral concerns as the hunts conducted primarily for commercial purposes. Moreover, it is broadly recognised that the fundamental and social interests of Inuit and other indigenous communities should not be adversely affected, in accordance with United Nations Declaration on the rights of Indigenous Peoples and other relevant international instruments. For those reasons, by way of exception, Regulation (EC) No 1007/2009 allows the placing on the market of seal products which result from hunts traditionally conducted by Inuit and other indigenous communities and which contribute to their subsistence.

Amendment 17 #

Proposal for a regulation
Recital 2

(2) At the same time, seal hunting is an integral part of the socio-economic development, nutrition, culture and identity of the Inuit and other indigenous communities and makes a major contribution to their subsistence. For those reasons, seal hunts traditionally conducted by Inuit and other indigenous communities do not raise the same public moral concerns as the hunts conducted primarily for commercial purposes. Moreover, it is broadly recognised that the fundamental and social interests of Inuit and other indigenous communities should not be adversely affected, in accordance with United Nations Declaration on the rights of Indigenous Peoples and other relevant international instruments. For those reasons, by way of exception, Regulation (EC) No 1007/2009 allows the placing on the market of seal products which result from hunts traditionally conducted by Inuit and other indigenous communities and which contribute to their subsistence.

Amendment 18 #

Proposal for a regulation
Recital 2

(2) At the same time, seal hunting is an integral part of the culture and identity of the Inuit and other indigenous communities and makes a major contribution to their subsistence. For those reasons, seal hunts traditionally conducted by Inuit and other indigenous communities do not raise the same public moral concerns as the hunts conducted primarily for commercial purposes. Moreover, it is broadly recognised that the fundamental and social interests of Inuit and other indigenous communities should not be adversely affected, in accordance with United Nations Declaration on the rights of Indigenous Peoples and other relevant international instruments. For those reasons, by way of exception, Regulation (EC) No 1007/2009 allows the placing on the market of seal products which result from hunts traditionally conducted by Inuit and other indigenous communities ~~and which contribute to thei~~for subsistence purposes.

Amendment 19 #

Proposal for a regulation
Recital 2

(2) At the same time, seal hunting is an integral part of the culture and identity of the Inuit and other indigenous communities and makes a major contribution to their subsistence. For those reasons, seal hunts traditionally conducted by Inuit and other indigenous communities, for the purposes of subsistence, do not raise the same public moral concerns as the hunts conducted primarily for commercial purposes. Moreover, it is broadly recognised that the fundamental and social interests of Inuit and other indigenous communities should not be adversely affected, in accordance with United Nations Declaration on the rights of Indigenous Peoples and other relevant international instruments. For those reasons, by way of exception, Regulation (EC) No 1007/2009 allows the placing on the market of seal products which result from hunts traditionally conducted by Inuit and other indigenous communities and which contribute to their subsistence.

Amendment 20 #

Cristian-Silviu BUŞOI

Proposal for a regulation
Recital 2 a (new)

(2a) Bearing in mind that Regulation (EC) No 1007/2009 was adopted following years of widespread campaigns based on misperceptions about seal hunts conducted by the Inuit and other indigenous communities while co- legislators specifically committed themselves to avoiding any potential adverse effects on Inuit and other indigenous communities and taking into account the rights of Inuits and other indigenous peoples under international law and the objective pursued by Regulation (EC) No 1007/2009 to restore consumer confidence in seal products resulting from hunts conducted by the Inuit and other indigenous communities and placed on the Union market, in order to ensure the full implementation and effective application of the exception from the general ban for seal products trade, the Commission together with the Member States should develop awareness- raising campaigns and other appropriate measures. Those measures may include measures to restore consumer confidence in seal products resulting from seal hunts conducted by the Inuit and other indigenous communities in accordance with Regulation (EC) No 1007/2009 and targeted retail information to counter wide-spread negative portrayal, stigmatization and misperception by providing factual information about the seal hunts conducted by Inuits and other indigenous peoples. This could further contribute to building mutual trust between European and Arctic peoples and to strengthening the Union's position as a credible partner in the Arctic region.

Amendment 21 #

Jens NILSSON, Marita ULVSKOG

Proposal for a regulation
Recital 3

(3) A genuinely humane killing method cannot be effectively and consistently applied in the hunts conducted by the Inuit and other indigenous communities, just like in the other seal hunts. Nonetheless, iIt is appropriate, in light of the objective pursued by Regulation (EC) No 1007/2009, to make the placing in the Union market of products resulting from hunts by the Inuit and other indigenous communities conditional upon those hunts being conducted in a ~~manner which reduces pain, distress, fear or other forms of suffering of the animals hunted to the extent possible~~sustainable manner, while having regard to the traditional way of life and the subsistence needs of the Inuit and other indigenous communities. Accordingly the Commission should take measures to inform the public about that objective and counter misinformation and misperception of the seal hunts, thereby restoring consumer confidence. The exception granted in respect of seal products resulting from hunts conducted by Inuit and other indigenous communities should be limited to hunts that contribute to the subsistence need of those communities and are therefore not conducted ~~primari~~solely for commercial purposes. Thus, the Commission should be enabled to limit, if necessary, the quantity of seal products placed on the market under that exception in order to prevent the use of the exception by products resulting from hunts which are conducted ~~primari~~solely for commercial purposes.

Amendment 22 #

Proposal for a regulation
Recital 3

Amendment 23 #

Liisa JAAKONSAARI

Proposal for a regulation
Recital 3

Amendment 24 #

Proposal for a regulation
Recital 3

Amendment 25 #

Cristian-Silviu BUŞOI

Proposal for a regulation
Recital 3

Amendment 26 #

Proposal for a regulation
Recital 3

(3) AIt has been proven by scientific evidence that a genuinely humane killing method cannot be effectively and consistently applied in the hunts conducted by the Inuit and other indigenous communities, just like in the other seal hunts. Nonetheless, it is appropriate, in light of the objective pursued by Regulation (EC) No 1007/2009, to make the placing in the Union market of products resulting from hunts by the Inuit and other indigenous communities conditional upon those hunts being conducted in a manner which reduces pain, distress, fear or other forms of suffering of the animals hunted to the extent possible, while having regard to the traditional way of life and the subsistence needs of the Inuit and other indigenous communities. The exception granted in respect of seal products resulting from hunts conducted by Inuit and other indigenous communities should be limited to hunts that contribute to the subsistence need of those communities and are therefore not conducted primarily for commercial purposes. Thus, the Commission should be enabled to limit, if necessary, the quantity of seal products placed on the market under that exception in order to prevent the use of the exception by products resulting from hunts which are conducted primarily for commercial purposes.

Amendment 27 #

Marlene MIZZI

Proposal for a regulation
Recital 3

Amendment 28 #

Proposal for a regulation
Recital 4

(4) Regulation (EC) No 1007/2009 also allows, by way of exception, the placing on the market of seal products where the hunt is conducted with the sole purpose of sustainable management of marine resources. While recognizing the importance of hunts for the purpose of sustainable management of marine resources, in practice, however, these hunts may be difficult to distinguish from the large hunts conducted primarily for commercial purposes. This may lead to unjustified discrimination between the seal products concerned. Therefore, this exception should no longer be provided forThat should still be allowed, but applicable only under specific conditions, so as to differentiate from the large hunts conducted primarily for commercial purposes, to avoid the discarding of carcasses resulting from normal and small-scale fisheries management. This is without prejudice to the right of Member States to continue regulating hunts conducted for the purposes of management of marine resources.

Amendment 29 #

Ulla TØRNÆS, Fredrick FEDERLEY, Jens ROHDE, Kaja KALLAS, Nils TORVALDS, Anna Maria CORAZZA BILDT, Christofer FJELLNER

Proposal for a regulation
Recital 4

(4) Regulation (EC) No 1007/2009 also allows, by way of exception, the placing on the market of seal products where the hunt is conducted with the sole purpose of sustainable management of marine resources. ~~While recognizing the importance of hunts for the purpose of su~~That should be allowed under specific conditions in order to avoid wastain~~able management of marine resources, in practice, however, these hunts may be difficult to~~g of natural resources and discarding of seals, and should be distinguished from the large hunts conducted primarily for commercial purposes. ~~This may lead to unjustified discrimination between the seal products concerned. Therefore, this exception should no longer be provided for.~~ This is without prejudice to the right of Member States to continue regulating hunts conducted for the purposes of management of marine resources.

Amendment 30 #

Proposal for a regulation
Article 1 – point -1 (new)

Regulation (EC) No 1007/2009
Article 2 – points 4 a and 4 b (new)

(-1) In Article 2, the following points are added: "4a. "subsistence purposes" means the customary and traditional uses by Inuit and other indigenous communities of seal products for: (i) direct personal or family consumption as food, shelter, fuel, clothing or tools; (ii) making and selling of handicraft articles out of non-edible by seal products taken for personal or family consumption; or (iii) exchange of seals or their parts if the exchange is of limited and non- commercial nature, or sharing for personal or family consumption; 4b."hunts not conducted primarily for commercial purposes" means that a majority of the products of the hunt are used, consumed or enjoyed within the Inuit and other indigenous communities without being sold, traded or otherwise transferred outside of the community in order to obtain economic benefit";

Amendment 31 #

Proposal for a regulation
Article 1 – point 1

Regulation (EC) No 1007/2009
Article 3 – paragraph 1 – subparagraph 1 – point a

(a) the hunt ~~has been traditionally conducted by~~is an integral part of the culture and identity of the community;

Amendment 32 #

Proposal for a regulation
Article 1 – point 1

Regulation (EC) No 1007/2009
Article 3 – paragraph 1 – subparagraph 1 – point b

(b) the hunt ~~contributes to the~~is conducted for subsistence purposes of the community and is not conducted primarily for commercial reasons;

Amendment 33 #

Proposal for a regulation
Article 1 – point 1

Regulation (EC) No 1007/2009
Article 3 – paragraph 1 – subparagraph 1 – point b

(b) the hunt contributes to the subsistence of the community and is not conducted ~~primari~~solely for commercial reasons;

Amendment 34 #

Ulla TØRNÆS, Fredrick FEDERLEY, Jens ROHDE, Nils TORVALDS, Anna Maria CORAZZA BILDT, Christofer FJELLNER

Proposal for a regulation
Article 1 – point 1

Regulation (EC) No 1007/2009
Article 3 – paragraph 1 – subparagraph 1– point c

(c) the hunt is ~~conducted in a manner which reduces pain, distress, fear or other forms of suffer~~an integral part of the socio-economic development, nutrition, culture and identity of the Inuit and other indigenous communities contributing tof the ~~animals hunted to the extent possible taking into consideration the traditional way of life and the subsistence needs of the community~~ir subsistence and performed with due regard to animal welfare as deemed appropriate by the indigenous community and with due regard to the indigenous communities' right to economic activities and development, as well as other rights granted to indigenous peoples under international law.

Amendment 35 #

Ulla TØRNÆS, Jens ROHDE, Nils TORVALDS, Filiz HYUSMENOVA

Proposal for a regulation
Article 1 – point 1

Regulation (EC) No 1007/2009
Article 3 – paragraph 1 – subparagraph 2

The above conditions shall apply at the time or point of import for imported seal products.

Amendment 36 #

Kaja KALLAS, Tunne KELAM, Marju LAURISTIN, Indrek TARAND, Urmas PAET

Proposal for a regulation
Article 1 – point 1

Regulation (EC) No 1007/2009
Article 3 – paragraph 1 a (new)

1a. The placing on the market of seal products shall also be allowed provided that all the following conditions are satisfied: (a) the person placing the seal products on the market can provide evidence that the seal products would otherwise be discarded; (b) the nature and quantity of seal production provided by the hunter indicate that trading opportunities of seal material are occasional, small scale and that such trading has been conducted for a non-commercial purpose; (c) the seal products result from hunts conducted on seal populations with favourable conservation status; (d) the seal products result from hunts that have been conducted in a way that respects animal welfare.

Amendment 37 #

Proposal for a regulation
Article 1 – point 1

Regulation (EC) No 1007/2009
Article 3 – paragraph 1 a (new)

1a. The placing on the market of seal products shall also be allowed provided that all the following conditions are satisfied: (a) the person placing the seal products on the market can provide evidence that the seal products would otherwise be wasted or discarded; (b) the nature and quantity of seal production provided by the hunter indicate that trading opportunities of seal material are occasional, small scale and that such trading has been conducted for a non-commercial purpose; (c) the seal products result from hunts conducted on seal populations with favourable conservation status; (d) the seal products result from hunts that have been conducted in a way that respects animal welfare.

Amendment 38 #

Proposal for a regulation
Article 1 – point 1

Regulation (EC) No 1007/2009
Article 3 – paragraph 1 a (new)

1a. The placing on the market of seal products shall also be allowed provided that all the following conditions are satisfied: (a) the seal products result from hunts conducted on seal populations with favourable conservation status; (b) the person placing the seal products on the market can show that the seal products would otherwise be discarded; (c) the nature and quantity of seal products provided by the hunter indicate that seal material is available beyond own needs and trading opportunities are therefore created occasionally; (d) the seal products result from hunts that have been conducted with due regard to animal welfare objectives laid down by national legislation.

Amendment 39 #

Proposal for a regulation
Article 1 – point 1

Regulation (EC) No 1007/2009
Article 3 – paragraph 3

3. The application of paragraphs 1, 1a and 2 shall not undermine the achievement of the objective of this Regulation.

Amendment 40 #

Proposal for a regulation
Article 1 – point 1

Regulation (EC) No 1007/2009
Article 3 – paragraph 5

5. ~~If the number of seals hunted, the quantity of~~The Commission may adopt measures, if the conditions for placing seal products ~~being placed~~ on the market ~~pursuant to paragraph 1 or other circumstances are such as to indicate that a hunt is conducte~~in the Union are not complied with or if the seal hunt is deemed unsustainable and primarily ~~for~~ commercial ~~purposes, t~~. The Commission ~~shall be empowered to adopt delegated acts in accordance with Article 4 in order to limit the quantity of product~~can under those circumstances act after consultation with the countries concerned and taking into account any opinion from the Committee in accordance with the procedure laid down in Article 3(5a). After those consultations the Commission may establish general restrictions, or restrictions resulating ~~from that hunt that may be placed on the market~~to certain countries of origin, on the import of seal products into the Union.

Amendment 41 #

Proposal for a regulation
Article 1 – point 1

Regulation (EC) No 1007/2009
Article 3 – paragraph 5

5. If the number of seals hunted, the quantity of seal products being placed on the market pursuant to paragraph 1 or other circumstances are such as to indicate that a hunt is not conducted for subsistence purposes or is conducted primarily for commercial purposes, the Commission shall be empowered to adopt delegated acts in accordance with Article 4a in order to ~~limit the quantity of products resulting from that hunt that may be placed on the marke~~prevent the placing on the market of the products resulting from that hunt.

Amendment 42 #

Proposal for a regulation
Article 1 – point 1

Regulation (EC) No 1007/2009
Article 3 – paragraph 5

5. If there is evidence proving that the number of seals hunted, the quantity of seal products being placed on the market pursuant to paragraph 1 or other circumstances are such as to indicate that a hunt is conducted ~~primari~~solely for commercial purposes, the Commission shall ~~be empow~~consult the countries of origin concerned ~~to adopt~~and subsequently take measures by means of delegated acts in accordance with Article 4a in order to limit the quantity of products resulting from that hunt that may be placed on the market.

Amendment 43 #

Marlene MIZZI

Proposal for a regulation
Article 1 – point 1

Regulation (EC) No 1007/2009
Article 3 – paragraph 5

5. If the number of seals hunted, the quantity of seal products being placed on the market pursuant to paragraph 1 or other circumstances are such as to indicate that a hunt is conducted primarily for commercial purposes, the Commission shall be empowered to adopt delegated acts in accordance with Article 4a in order to limit ~~the quantity~~or prohibit the placement on the market of products resulting from that hunt ~~that may be placed on the market.~~

Amendment 44 #

Proposal for a regulation
Article 1 – point 1

Regulation (EC) No 1007/2009
Article 3 – paragraph 5 a (new)

~~(See wording Regulation (EC ) No 338/97of 9 December 1996 on the protection of species of~~5a. The Commission shall be assisted by a Committee composed of the representatives of the Member States and chaired by the representative of the Commission. The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft measure within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 3(2) of the Protocol No 36 on transitional measures annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Commission shall be weighted in the manner set out in that Article. The chairman shall not vote. The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the Committee. If the measures envisaged are not in accordance with the opinion of the Committee, or if no opinion is delivered, the Commission shall without delay submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority. Or. en wild fauna and flora by regulating trade thereinin, Article 4.6 Introduction into the Community .)

Amendment 45 #

Proposal for a regulation
Article 1 – point 2 a (new)

Regulation (EC) No 1007/2009
Article 4 b (new)

(2a) The following Article is inserted: "Article 4b Review The Commission shall prior to implementing this Regulation as amended conduct an assessment to quantify and qualify the social, economic and cultural effects of the revision, ensuring that any revision respects that the hunting of seals is a part of certain communities' cultural identity, thus respecting the biological and cultural diversity of the Union and ensuring that the livelihood of communities living in proximity of seals is not threatened. This shall be complemented by a thorough review of this Regulation, taking into account all of the above-mentioned factors."

Amendment 46 #

Ulla TØRNÆS, Jens ROHDE, Nils TORVALDS, Christofer FJELLNER

Proposal for a regulation
Article 1 – point 3 a (new)

Regulation (EC) No 1007/2009
Article 5 a (new)

(3a) The following article is inserted: "Article 5a Public information 1. The Commission shall ensure, at a reasonable and non-excessive cost, that the public is properly informed that the seal products placed on the market originating from hunts conducted by Inuit and other indigenous communities in accordance with Article 3(1), comply with applicable legal rules. 2. The Commission shall ensure that awareness-raising campaigns referred to in paragraph 1 of this Article are also conducted under Objective II set out in point (b) of Article 3(1) of Regulation (EU) No 254/2014 of the European Parliament and of the Council*. _____________ * Regulation (EU) No 254/2014 of the European Parliament and of the Council of 26 February 2014 on a multiannual consumer programme for the years 2014- 20 and repealing Decision No 1926/2006/EC (OJ L 84, 20.3.2014, p.42)"

Amendment 47 #

Proposal for a regulation
Article 1 – point 3 a (new)

Regulation (EC) No 1007/2009
Article 7

(3a) Article 7 is replaced by the following: Article 7 Reporting 1. By ~~20 Nov~~31 December 20116 and ~~thereafter~~ every 4four years, thereafter 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 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 not later than 31 November 2017. 2a. In its report submitted in accordance with paragraph 2, the Commission shall assess and review the functioning and effectiveness of this Regulation in achieving its objectives. In its assessment and review the Commission shall, in particular, consider the socio-economic development, economic activities and development, nutrition, culture and identity of the Inuit and other i~~mplementation of this Regulation within 12 months of the end of each reporting period concerned.~~ ndigenous communities as well as the environment and socio-economic effects of this Regulation in areas within the Union where seal hunt other than conducted by the Inuit and other indigenous communities takes place. 2b. Following the assessment and review, the Commission reports shall, where appropriate, be accompanied by a legislative proposal.

Amendment 48 #

Proposal for a regulation
Article 1 – point 3 a (new)

Regulation (EC) No 1007/2009
Article 7

(3a) Article 7 is replaced by the following: "Article 7 Reporting 1. By ~~20 Nov~~31 December 20116 and ~~thereafter~~ every 4four years, thereafter 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. 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 not later than 31 November 2017. 2a. In its report submitted in accordance with paragraph 2, the Commission shall assess the functioning and effectiveness of this Regulation in achieving its objectives. In its assessment the Commission shall, in particular, consider the socio-economic development, economic activities and development, nutrition, culture and identity of the Inuit and other indigenous communities as well as the effects of this Regulation on coastal communities where seal hunts forms part of maritime resource management and contributes to the maritime biodiversity."

Amendment 49 #

Proposal for a regulation
Article 1 – point 3 a (new)

Regulation (EC) No 1007/2009
Article 7 a (new)

(3a) The following article is inserted: "Article 7a Review The Commission shall carry out a review of this Regulation by ... *. The review shall be based on an impact assessment on the socio-economic and cultural effects of this Regulation on the development and identity of the Inuit and other indigenous communities. The review shall also address the effects of this Regulation on coastal communities where hunting of seals forms part of maritime resource management. A review of this Regulation shall be carried out every six years thereafter. _____________ * OJ: please insert the date: two years after the entry into force of the amending Regulation."

source: 557.040

2015/05/08 AGRI 51 amendments...

Amendment 10 #

Proposal for a regulation
Recital 2

(2) At the same time, seal hunting is an integral part of the culture and identity of the Inuit and other indigenous communities and makes a major contribution to their subsistence. For those reasons, seal hunts traditionally conducted by Inuit and other indigenous communities do not raise the same public moral concerns as the hunts conducted primarily for commercial purposes. Moreover, it is broadly recognised that the fundamental and social interests of Inuit and other indigenous communities should not be adversely affected, in accordance with United Nations Declaration on the rights of Indigenous Peoples and other relevant international instruments. For those reasons, by way of exception, Regulation (EC) No 1007/2009 allows the placing on the market of seal products which result from hunts traditionally conducted by Inuit and other indigenous communities ~~and which contribute to thei~~for subsistence purposes

Amendment 11 #

Proposal for a regulation
Recital 2

(2) At the same time, seal hunting is an integral part of the culture and identity of the Inuit and other indigenous communities and makes a major contribution to their subsistence. For those reasons, seal hunts traditionally conducted by Inuit and other indigenous communities, given their role of providing sustenance, do not raise the same public moral concerns as the hunts conducted primarily for commercial purposes. Moreover, it is broadly recognised that the fundamental and social interests of Inuit and other indigenous communities should not be adversely affected, in accordance with United Nations Declaration on the rights of Indigenous Peoples and other relevant international instruments. For those reasons, by way of exception, Regulation (EC) No 1007/2009 allows the placing on the market of seal products which result from hunts traditionally conducted by Inuit and other indigenous communities and which contribute to their subsistence.

Amendment 12 #

Proposal for a regulation
Recital 2

(2) At the same time, seal hunting is an integral part of the culture and identity of the Inuit and other indigenous communities and makes a major contribution to their subsistence. For those reasons, seal hunts traditionally conducted by Inuit and other indigenous communities do not raise the same public moral concerns as the hunts conducted primarily for commercial purposes. Moreover, it is broadly recognised that the fundamental and social interests of Inuit and other indigenous communities should not be adversely affected, in accordance with United Nations Declaration on the rights of Indigenous Peoples and other relevant international instruments. ~~For those reasons, by way of exception, Regulation (EC) No 1007/2009 allows the~~Because since 2009, there have been very few seal products resulting from traditional hunts by indigenous communities that have been plac~~ing~~ed on the Union market ~~of seal products which result from hunts traditionally con~~, it is reasonable to conclude that exports of seal producteds by ~~Inuit and other~~ indigenous communities ~~and which~~do not substantially contribute to their subsistence.

Amendment 13 #

Proposal for a regulation
Recital 2

(2) At the same time, seal hunting is an integral part of the culture and identity of the Inuit and other indigenous communities and makes a major contribution to their subsistence. For those reasons, seal hunts traditionally conducted by Inuit and other indigenous communities do not raise the same public moral concerns as the hunts conducted primarily for commercial purposes. Moreover, it is broadly recognised that the fundamental and social interests of Inuit and other indigenous communities should not be adversely affected, in accordance with United Nations Declaration on the rights of Indigenous Peoples and other relevant international instruments. For those reasons, by way of exception, Regulation (EC) No 1007/2009 allows the placing on the market of seal products which result from hunts traditionally conducted by Inuit and other indigenous communities ~~and which contribute to thei~~for subsistence purposes.

Amendment 14 #

Jens ROHDE, Ulla TØRNÆS, Nils TORVALDS, Marit PAULSEN

(2) At the same time, seal hunting is an integral part of the culture and identity of the Inuit and other indigenous communities and makes a major contribution to their subsistence, including their right to development and economic activities. For those reasons, seal hunts traditionally conducted by Inuit and other indigenous communities , which are considered sustainable and do not harm the health of seal population, do not raise the same public moral concerns as the hunts conducted primarily for commercial purposes. Moreover, it is broadly recognised that the fundamental economic and social interests of Inuit and other indigenous communities should not be adversely affected, in accordance with United Nations Declaration on the rights of Indigenous Peoples and other relevant international instruments. Furthermore the ILO 169 Convention on Indigenous and Tribal Peoples of 1989 emphasizes the Indigenous People’s right to self- determination, thereby the right to freely pursue their economic, social and cultural development. For those reasons, by way of exception, Regulation (EC) No 1007/2009 allows the placing on the market of seal products which result from hunts traditionally conducted by Inuit and other indigenous communities and which contribute to their subsistence.

Amendment 15 #

Proposal for a regulation
Recital 2

(2) At the same time, seal hunting is an integral part of the culture and identity of the Inuit and other indigenous communities and makes a major contribution to their subsistence, and it is considered to be sustainable. For those reasons, seal hunts traditionally conducted by Inuit and other indigenous communities do not raise the same public moral concerns as the hunts conducted primarily for commercial purposes. Moreover, it is broadly recognised that the fundamental, economic, and social interests of Inuit and other indigenous communities should not be adversely affected, in accordance with United Nations Declaration on the rights of Indigenous Peoples and other relevant international instruments. For those reasons, by way of exception, Regulation (EC) No 1007/2009 allows the placing on the market of seal products which result from hunts traditionally conducted by Inuit and other indigenous communities and which contribute to their subsistence.

Amendment 16 #

Proposal for a regulation
Recital 3

Amendment 17 #

Proposal for a regulation
Recital 3

(3) A genuinely humane killing method cannot be effectively and consistently applied in the hunts conducted by the Inuit and other indigenous communities, just like in the other seal hunts. ~~Nonetheless,~~Therefore it is appropriate, in light of the objective pursued by Regulation (EC) No 1007/2009, to make the placing in the Union market of products resulting from hunts by the Inuit and other indigenous communities conditional upon those hunts being conducted in a manner which reduces pain, distress, fear or other forms of suffering of the animals hunted to the extent possible, while having regard to the traditional way of life and the subsistence needs of the Inuit and other indigenous communities. The exception granted in respect of seal products resulting from hunts conducted by Inuit and other indigenous communities should be limited to hunts that contribute to the subsistence need of those communities and are therefore not conducted primarily for commercial purposes. Thus, the Commission should be enabled to limit, if necessary, the quantity of seal products placed on the market under that exception in order to prevent the use of the exception by products resulting from hunts which are conducted primarily for commercial purposprohibit the placing in the Union market of products resulting from hunts by the Inuit and other indigenous communities.

Amendment 18 #

Proposal for a regulation
Recital 3

Amendment 19 #

Jens ROHDE, Ulla TØRNÆS, Nils TORVALDS, Marit PAULSEN

Proposal for a regulation
Recital 3

(3) ~~A genuinely humane killing method cannot be effectively and consistently applied in the hunts conducted by the Inuit and other indigenous communities, just like in the other seal hunts. Nonetheless, i~~It is appropriate, in light of the objective pursued by Regulation (EC) No 1007/2009, to make the placing in the Union market of products resulting from hunts by the Inuit and other indigenous communities conditional upon those hunts being conducted in a ~~manner which reduces pain, distress, fear or other forms of suffering of the animals hunted to the extent possible~~sustainable manner, while having regard to the traditional way of life and the subsistence needs of the Inuit and other indigenous communities . Accordingly the Commission should take measures to inform the public about that objective and counter misinformation and misperception of the seal hunts, thereby restoring consumer confidence. The exception granted in respect of seal products resulting from hunts conducted by Inuit and other indigenous communities should be limited to hunts that contribute to the subsistence need of those communities and are therefore not conducted ~~primari~~solely for commercial purposes. Thus, the Commission should be enabled to limit, if necessary, the quantity of seal products placed on the market under that exception in order to prevent the use of the exception by products resulting from hunts which are conducted ~~primari~~solely for commercial purposes.

Amendment 20 #

Proposal for a regulation
Recital 3

Amendment 21 #

Proposal for a regulation
Recital 3

(3) A genuinely humane killing method cannot be effectively and consistently applied in the hunts conducted by the Inuit and other indigenous communities, just like in the other seal hunts. Nonetheless, it is appropriate, in light of the objective pursued by Regulation (EC) No 1007/2009, to make the placing in the Union market of products resulting from hunts by the Inuit and other indigenous communities conditional upon those hunts being conducted in a sustainable manner which reduces pain, distress, fear or other forms of suffering of the animals hunted to the extent possible, while having regard to the traditional way of life and the subsistence needs of the Inuit and other indigenous communities and without endangering the particular habitat and the ecosystem as a whole. The exception granted in respect of seal products resulting from hunts conducted by Inuit and other indigenous communities should be limited to hunts that contribute to the subsistence need of those communities and are therefore not conducted primarily for commercial purposes. T~~hus, the Commission should be enabled to limit, if necessary, the quantity of seal products placed on the market under that~~o restore consumer confidence the Commission should accordingly take steps to inform the public about this Regulation and the exception made under it for products resulting from hunts conducted by indigenous communities. Thus, where there is material evidence and after consultation of the entities involved, the Commission should be enabled, if necessary, to limit the permitted quantity of seal products or prohibit such products where these have been placed on the market by means of hunting methods contravening the principles underlying the exception, this in order to prevent the use of the exception by products resulting from hunts which are conducted primarily for commercial purposes.

Amendment 22 #

Proposal for a regulation
Recital 3 a (new)

(3a) Products obtained from seals hunted by Inuit and other indigenous communities should not be placed on the market unless they are subject to an arrangement, or accompanied by a document, constituting proof of their origin and their conformity with this Regulation. To that end, a label could be introduced in order to certify products of this type resulting from hunting necessary to meet the subsistence needs of the communities concerned and hence not conducted primarily for commercial purposes.

Amendment 23 #

Proposal for a regulation
Recital 4

(4) Regulation (EC) No 1007/2009 also allows, by way of exception, the placing on the market of seal products where the hunt is conducted with the sole purpose of sustainable management of marine resources. While recognizing the importance of hunts for the purpose of sustainable management of marine resources, in practice, however, these hunts may be difficult to distinguish from the large hunts conducted primarily for commercial purposes. This may lead to unjustified discrimination between the seal products concerned. Therefore, this exception should no longer be provided for and Commission Regulation 737/2010 laying down detailed rules for the implementation of Regulation (EC) No 1007/2009 of the European Parliament and of the Council on trade in seal products should be amended accordingly. This is without prejudice to the right of Member States to continue regulating hunts conducted for the purposes of management of marine resources.

Amendment 24 #

Jens ROHDE, Ulla TØRNÆS, Nils TORVALDS, Fredrick FEDERLEY, Marit PAULSEN

Proposal for a regulation
Recital 4

(4) Regulation (EC) No 1007/2009 also allows, by way of exception, the placing on the market of seal products where the hunt is conducted with the sole purpose of sustainable management of marine resources. WThi~~le recognizing the importance of hunts for the purpose of su~~s should be allowed under specific conditions in order to avoid wastainable management of marine resources, in practice, however, these hunts may be difficult to distinguish from the large hunts conducted primarily for commercial purposes . This may lead to unjustified discrimination between the seal products concerned. Therefore, this exception should no longer be provided forg of natural resources and discarding of seals, and should be distinguish from the large hunts conducted primarily for commercial purposes. This is without prejudice to the right of Member States to continue regulating hunts conducted for the purposes of management of marine resources.

Amendment 25 #

Proposal for a regulation
Recital 4

(4) Regulation (EC) No 1007/2009 also allows, by way of exception, the placing on the market of seal products where the hunt is conducted with the sole purpose of sustainable management of marine resources. WThile recognizing the importance of hunts for the purpose of sustainable management of marine resources, in practice, however, these hunts may be difficult to distinguish from the large hunts conducted primarily for commercial purposes . This may lead to unjustified discrimination between the seal products concerned. Therefore, this exception should no longer be provided fors should still be allowed, but applicable only under specific conditions, so as to differentiate from the large hunts conducted primarily for commercial purposes, to avoid the discarding of carcasses resulting from normal and small-scale fisheries management. This is without prejudice to the right of Member States to continue regulating hunts conducted for the purposes of management of marine resources.

Amendment 26 #

Proposal for a regulation
Recital 4

(4) Regulation (EC) No 1007/2009 also allows, by way of exception, the placing on the market of seal products where the hunt is conducted with the sole purpose of sustainable management of marine resources. While recognizing the importance of hunts for the purpose of sustainable management of marine resources, in practice, however, these hunts may be difficult to distinguish from the large hunts conducted primarily for commercial purposes. This may lead to unjustified discrimination between the seal products concerned. Therefore, this exception should no longer be provided for. This is without prejudice to the right of Member States to continue regulating hunts conducted for the purposes of management of marine resources, provided that they are conducted in a manner which reduces pain, distress, fear, or other forms of suffering caused to the animals hunted.

Amendment 27 #

Ivan JAKOVČIĆ

Proposal for a regulation
Recital 5

(5) In order to provide for detailed rules as regards placing on the market of seal products, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission. It is of particular importance that the Commission carry out appropriate consultations, including at expert level and with Inuit and other indigenous communities concerned. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

Amendment 28 #

Proposal for a regulation
Recital 5 a (new)

(5a) Where reliable information is obtained indicating that the manner in which seal hunting in a given third country is being conducted violates any of the rules laid down in Regulation (EU) No 1007/2009, the Commission should have the possibility to introduce, by delegated act, a limitation or ban on imports of hunt-specific seal products for a period of up to 12 months.

Amendment 29 #

Proposal for a regulation
Recital 5 a (new)

(5a) Where there is reliable information that seal hunting methods employed in a given third country contravene any of the principles laid down in Regulation (EC) No 1007/2009, the Commission should be enabled, by means of a delegated act, to impose a total ban on imports of seal products resulting from methods of this kind. The Commission should warn the third country concerned and, in case of recurrence, prohibit imports of such products for a period of two years.

Amendment 30 #

Bronis ROPĖ, Igor ŠOLTES, Maria HEUBUCH

Proposal for a regulation
Recital 5 b (new)

(5b) The Commission should have the possibility to be flexible in responding to reliable information that seal hunting in a given third country blatantly violates the established standards aimed at sparing animals from pain, distress, fear and other forms of suffering. In such cases, the Commission should have the power to introduce a temporary limitation or ban on imports of hunt-specific seal products from that country.

Amendment 31 #

Proposal for a regulation
Article 1 – paragraph 1 – point -1 (new)

Regulation (EC) N° 1007/2009
Article 2 – paragraph 1 – point 2 a and 2 b (new)

(-1) In Article 2 paragraph 1 the following points 2 a and 2 b are inserted: 2a. 'subsistence purposes' means the customary and traditional uses by Inuit and other indigenous communities of seal products for direct personal or family consumption as food, shelter, fuel, clothing, tools; for the making and selling of handicraft articles out of non-edible by products of seals taken for personal or family consumption ; or for exchange of seals or their parts if the exchange is of limited and non-commercial nature, or sharing for personal or family consumption; 2b. 'not conducted primarily for commercial purposes' means that a majority of the products of the hunt are used, consumed or enjoyed within the community without being sold, traded or otherwise transferred outside of the community in order to obtain economic benefit;

Amendment 32 #

Nicola CAPUTO

Proposal for a regulation
Article 1 – paragraph 1 – point 1

Regulation (EC) No 1007/2009
Article 3 – paragraph 1 – introductory part

1. The placing on the market of seal products shall be allowed only where ~~the seal~~importers of seal products show that those products result from hunts conducted by Inuit and other indigenous communities, provided that the following conditions are all satisfied:

Amendment 33 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1

Regulation (EC) No 1007/2009
Article 3 – paragraph 1 – introductory part

1. The placing on the market of seal products shall not be allow~~ed only where the seal products result from hunts conducted by Inuit and other indigenous communities, provided that the following conditions are all satisfi~~ed:.

Amendment 34 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1

Regulation (EC) No 1007/2009
Article 3 – paragraph 1 – point a

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

Amendment 35 #

Bronis ROPĖ

Proposal for a regulation
Article 1 – paragraph 1 – point 1

Regulation (EC) N° 1007/2009
Article 3 – paragraph 1 – point a

(a) the hunt has ~~been~~ traditionally been conducted by the community, without using firearms;

Amendment 36 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1

Regulation (EC) No 1007/2009
Article 3 – paragraph 1 – point b

~~(b) the hunt contributes to the subsistence of the community and is not conducted primarily for commercial reasons;~~deleted

Amendment 37 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1

Regulation (EC) 1007/2009
Article 3 – paragraph 1 – point b

(b) the hunt ~~contributes to the~~is conducted for subsistence purposes of the community and is not conducted primarily for commercial reasons;

Amendment 38 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1

Regulation (EC) 1007/2009
Article 3 – paragraph 1 – point b

(b) the hunt ~~contributes to the~~is conducted for subsistence purposes of the community and is not conducted primarily for commercial reasons;

Amendment 39 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1

Regulation (EC) No 1007/2009
Article 3 – paragraph 1 – point c

Amendment 40 #

Jens ROHDE, Ulla TØRNÆS, Nils TORVALDS, Marit PAULSEN

Proposal for a regulation
Article 1 – paragraph 1 – point 1

Regulation (EC) No 1007/2009
Article 3 – paragraph 1 – point c

Amendment 41 #

Jens ROHDE, Ulla TØRNÆS, Nils TORVALDS, Fredrick FEDERLEY, Marit PAULSEN

Proposal for a regulation
Article 1 – paragraph 1 – point 1

Regulation (EC) No 1007/2009
Article 3 – paragraph 1 a (new)

1a. The placing on the market of seal products shall also be allowed provided that the following conditions are all satisfied: (a) the person placing the seal products on the market can provide evidence that the seal products would otherwise be discarded and thus in contradiction with Article 10 of the Convention of Biological Diversity; (b) the seal products result only from hunts under national management schemes for the conservation of exhaustible natural resources, with the view of maintaining the viability of seal populations as a component of their natural habitat, including disease control, or limiting the effects of interspecific competition with other endangered species depending on the same habitat or resources; (c) the seal products result from hunts conducted on seal populations with favourable conservation status; (d) the seal products result from hunts that have been conducted in a way that respects animal welfare.

Amendment 42 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1

Regulation (EC) No 1007/2009
Article 3 – paragraph 1 a (new)

1a. The placing on the market of seal products shall also be allowed provided that the following conditions are all satisfied: a) the seal products result from hunts conducted on seal populations with favourable conservation status; b) the person placing the seal products on the market can show that the seal products would otherwise be discarded; c) the nature and quantity of seal products provided by the hunter indicate that seal material is available beyond own needs and trading opportunities are therefore created occasionally; d) the seal products result from hunts that have been conducted with due regard to animal welfare objectives laid down by national legislation.

Amendment 43 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1

Regulation (EC) No 1007/2009
Article 3 – paragraph 2

2. 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.deleted

Amendment 44 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1

Regulation (EC) No 1007/2009
Article 3 – paragraph 3

3. The application of paragraphs 1, 1a and 2 shall not undermine the achievement of the objective of this Regulation.

Amendment 45 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1

Regulation (EC) No 1007/2009
Article 3– paragraph 3 a (new)

(3a) The Commission and the Member States shall take appropriate measures to inform competent authorities and the public that seal products placed on the market in accordance with Article 3, having resulted from hunting by Inuit or other indigenous communities, comply with the applicable rules.

Amendment 46 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1

Regulation (EC) No 1007/2009
Article 3– paragraph 3 b (new)

(3b) Without prejudice to Article 6, if the number of seals hunted, the quantity of seal products being placed on the market pursuant to paragraph 1 or other circumstances are such as to indicate that a hunt is conducted primarily for commercial purposes or that the requirements laid down in Article 3(1)(c) are not met, the Commission shall be empowered to adopt delegated acts in accordance with Article 4 in order to limit the quantity of products resulting from that hunt that may be placed on the market, or to introduce a limitation or ban on imports of hunt-specific seal products from a third country in which the hunt was conducted, for a period of up to 12 months.

Amendment 47 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1

Regulation (EC) No 1007/2009
Article 3 – paragraph 4

4. The Commission shall be empowered to adopt delegated acts in accordance with Article 4a in order to lay down detailed rules for the placing on the market of seal products in accordance with paragraphs 1 and 2, which shall specify the differences between sustainable hunting and hunting for purely commercial purposes.

Amendment 48 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1

Regulation (EC) No 1007/2009
Article 3 – paragraph 5

5. If the number of seals hunted, the quantity of seal products being placed on the market pursuant to paragraph 1 or other circumstances are such as to indicate that a hunt is conducted primarily for commercial purposes, the Commission shall be empowered to adopt delegated acts in accordance with Article 4 in order to limit the quantity of products resulting from that hunt that may be placed on the market.deleted

Amendment 49 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1

Regulation (EC) 1007/2009
Article 3 – paragraph 5

5. If the number of seals hunted, the quantity of seal products being placed on the market pursuant to paragraph 1 or other circumstances are such as to indicate that a hunt is not conducted for subsistence purposes or is conducted primarily for commercial purposes, the Commission shall be empowered to adopt delegated acts in accordance with Article 4 in order to ~~limit the quantity of products resulting from that hunt that may be placed on the marke~~prevent the placing on the market of the products resulting from that hunt.

Amendment 50 #

Nicola CAPUTO

Proposal for a regulation
Article 1 – paragraph 1 – point 1

Regulation (EC) 1007/2009
Article 3 – paragraph 5

5. If the number of seals hunted, the quantity of seal products being placed on the market pursuant to paragraph 1 or other circumstances are such as to indicate that a hunt is conducted primarily for commercial purposes or the requirements set out in Article 3(1)(a) and (c) have not been complied with, the Commission shall be empowered to adopt delegated acts in accordance with Article 4 in order to limit the quantity of products resulting from that hunt that may be placed on the market or to impose a total ban with immediate effect whereby no seal products from the third country where that hunt was conducted may be placed on the market until such time as the requirements set out in Article 3(1)(a) and (c) are again being met.

Amendment 51 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1

Regulation (EC) N° 1007/2009
Article 3 – paragraph 5

5. If the number of seals hunted, the quantity of seal products being placed on the market pursuant to paragraph 1 or other circumstances are such as to indicate that a hunt is not conducted for subsistence purposes or is conducted primarily for commercial purposes, the Commission shall be empowered to adopt delegated acts in accordance with Article 4 in order to ~~limit the quantity of products resulting from that hunt that may be placed on the marke~~prevent the placing on the market of the products resulting from that hunt.

Amendment 52 #

Jens ROHDE, Ulla TØRNÆS, Nils TORVALDS, Fredrick FEDERLEY, Marit PAULSEN

Proposal for a regulation
Article 1 – paragraph 1 – point 1

Regulation (EC) No 1007/2009
Article 3 – paragraph 5

5. ~~If the number of seals hunted, the quantity of~~The Commission can take action, if the condition for placing seal products ~~being placed~~ on the market ~~pursuant to paragraph 1 or other circumstances are such as to indicate that a hunt is conducte~~in the Community are violated or if the hunt is deemed unsustainable and primarily ~~for~~ commercial ~~purposes, t~~. The Commission ~~shall be empowered to adopt delegated acts in accordance with Article 4 in order to limit the quantity of product~~can under these circumstances act after consultation with the countries concerned and taking into account any opinion from the Committee. Subsequently the Commission can establish general restrictions, or restrictions resulating ~~from that hunt that may be placed on the market~~to certain countries of origin, on the import of seal products into the Community.

Amendment 53 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 Regulation (EC) No 1007/2009

5. If there is material evidence to suggest that the number of seals hunted, the quantity of seal products being placed on the market pursuant to paragraphs 1 and 2 or other circumstances are such as to ~~indicat~~prove that a hunt is conducted primarily for commercial purposes, the Commission, after consulting the entities involved, shall be empowered to adopt delegated acts in accordance with Article 4 in order to limit ~~the quantity~~or prohibit the placing on the market of products resulting from that hunt ~~that may be placed on the market~~.

Amendment 54 #

Jens NILSSON, Marita ULVSKOG

Proposal for a regulation
Article 1 – paragraph 1 – point 3 a (new)

(3a) The following article is inserted: “Article 5a Public information The Commission and Member States shall take appropriate measures to inform competent authorities, including customs officials in the Member States of the European Union, and the public regarding market access in compliance with applicable legal rules of seal products resulting from hunts conducted by indigenous communities in accordance with Article 3(1).“

Amendment 55 #

Jens ROHDE, Ulla TØRNÆS, Nils TORVALDS, Fredrick FEDERLEY, Marit PAULSEN

Proposal for a regulation
Article 1 – paragraph 1 – point 3 a (new)

Regulation (EC) No 1007/2009
Article 7

(3a) Article 7 is replaced by the following: Article 7 Reporting 1. By ~~20 Nov~~31 December 20116 and ~~thereafter~~ every 4four years, thereafter 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 Parlia~~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 not later than 31 November 2017. 3. In its report submitted in accordance with paragraph 2, the Commission shall assess and review the functioning and effectiveness of this Regulation in achieving its objectives. In its assessment and toreview the Co~~uncil on the implementation of this Regulation within 12 months of the end of each reporting period concerned~~mmission shall, in particular, consider the socio-economic development, economic activities and development, nutrition, culture and identity of the Inuit and other indigenous communities as well as the environment and socio-economic effects of this Regulation in areas within the Union where seal hunt other than conducted by the Inuit and other indigenous communities takes place. 4. Following the assessment and review, the Commission reports shall, where appropriate, be accompanied by a legislative proposal.

Amendment 56 #

Proposal for a regulation
Article 1 – paragraph 1 – point 3 a (new)

(3a) The following article is inserted: "Article 7a Review The commission shall carry out a review of this Regulation by two years after the entry into force of this Regulation. The review shall be based on an impact assessment on the socio-economic and cultural effects of this Regulation on the development and identity of the Inuit and other indigenous communities. The review shall also address the effects of this Regulation on coastal communities where hunting of seals forms part of maritime resource management. A review of this Regulation shall be carried out every six years thereafter. "

Amendment 6 #

Proposal for a regulation
Recital 1

(1) Regulation (EC) No 1007/2009 of the European Parliament and of the Council2 was adopted with the objective of eliminating obstacles to the functioning of the internal market ~~due to differences~~ and harmonising national ~~measure~~laws regulating trade in seal products. Those measures were adopted in response to public moral concerns about the animal welfare aspects of the killing of seals and the possible presence on the market of products obtained from animals killed in a way that causes excessive pain, distress, fear and other forms of suffering. Such concerns were supported by scientific evidence showing that a genuinely humane killing method cannot be consistently and effectively applied and enforced in the specific conditions in which seal hunting takes place. In order to achieve that objective, Regulation (EC) No 1007/2009 introduced, as a general rule, a prohibition of placing on the market of seal products. ___________ 2 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).

Amendment 7 #

Proposal for a regulation
Recital 1

(1) Regulation (EC) No 1007/2009 of the European Parliament and of the Council2 was adopted with the objective of eliminating obstacles to the functioning of the internal market due to differences in national measures regulating trade in seal products. Those measures were adopted in response to public moral concerns about the animal welfare aspects of the killing of seals and the possible presence on the market of products obtained from animals killed in a way that causes excessive pain, distress, fear and other forms of suffering. Such concerns were supported by scientific evidence showing that a genuinely humane killing method cannot be consistently and effectively applied and enforced in the specific conditions in which seal hunting takes place. In order to achieve that objective, Regulation (EC) No 1007/2009 introduced, as a general rule, a prohibition of placing on the market of seal products. ___________ 2 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).

Amendment 8 #

Proposal for a regulation
Recital 1

(1) Regulation (EC) No 1007/2009 of the European Parliament and of the Council2 was adopted with the objective of eliminating obstacles to the functioning of the internal market due to differences in national measures regulating trade in seal products. Those measures were adopted in response to public moral concerns about the animal welfare aspects of the killing of seals and the possible presence on the market of products obtained from animals killed in a way that causes excessive pain, distress, fear and other forms of suffering. Such concerns were supported by scientific evidence showing that a genuinely humane killing method cannot be consistently and effectively applied and enforced in the specific conditions in which seal hunting takes place. In order to achieve that objective, Regulation (EC) No 1007/2009 introduced, as a general rule, a prohibition of placing on the market of seal products. ___________ 2 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).

Amendment 9 #