1.The placing on the market of seal products shall be allowed only where the seal products result from hunts conducted by Inuit or other indigenous communities, provided that all of the following conditions are fulfilled:
(a)the hunt has traditionally been conducted by the community;
(b)the hunt is conducted for and contributes to the subsistence of the community, including in order to provide food and income to support life and sustainable livelihood, and is not conducted primarily for commercial reasons;
(c)the hunt is conducted in a manner which has due regard to animal welfare, taking into consideration the way of life of the community and the subsistence purpose of the hunt.
The conditions set out in the first subparagraph shall apply at the time or point of import for imported seal products.
1a.At the time of its being placed on the market, a seal product shall be accompanied by a document attesting compliance with the conditions set out in paragraph 1 (‘attesting document’).
An attesting document shall, upon request, be issued by a body recognised for that purpose by the [F2Secretary of State].
Such recognised bodies shall be independent, competent to carry out their functions and subject to an external audit.
2.By way of derogation from paragraph 1, the import of seal products shall also be allowed where it is of an occasional nature and consists exclusively of goods for the personal use of travellers or their families. The nature and quantity of those goods shall not be such as to indicate that they are being imported for commercial reasons.
3.The application of paragraphs 1 and 2 shall not undermine the achievement of the objective of this Regulation.
4.The [F3Secretary of State may make regulations] to further specify the administrative arrangements for the recognition of bodies that may attest to the compliance with the conditions set out in paragraph 1 of this Article and for the issuance and control of attesting documents, as well as the administrative provisions necessary for ensuring compliance with paragraph 2 of this Article. F4...
[F55.The Secretary of State may, by regulations:
(a)prohibit the placing on the market of seal products derived from seals killed as a result of a seal hunt conducted primarily for commercial reasons; or
(b)limit the quantity of such products that may be placed on the market.]
6.The [F6Secretary of State may] issue technical guidance notes setting out an indicative list of the codes of the Combined Nomenclature which may cover seal products subject to this Article. F7...]
Textual Amendments
F1Substituted by Regulation (EU) 2015/1775 of the European Parliament and of the Council of 6 October 2015 amending Regulation (EC) No 1007/2009 on trade in seal products and repealing Commission Regulation (EU) No 737/2010 (Text with EEA relevance).
F2Words in Art. 3(1a) substituted (31.12.2020) by The Seal Products (Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1034), regs. 1, 3(4); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 3(4) substituted (31.12.2020) by The Animals (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/588), regs. 1, 7(2)(a)(i) (with reg. 12); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in Art. 3(4) omitted (31.12.2020) by The Animals (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/588), regs. 1, 7(2)(a)(ii) (with reg. 12); 2020 c. 1, Sch. 5 para. 1(1)
F5Art. 3(5) substituted (31.12.2020) by The Animals (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/588), regs. 1, 7(2)(b) (with reg. 12); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in Art. 3(6) substituted (31.12.2020) by The Animals (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/588), regs. 1, 7(2)(c)(i) (with reg. 12); 2020 c. 1, Sch. 5 para. 1(1)
F7Words in Art. 3(6) omitted (31.12.2020) by virtue of The Animals (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/588), regs. 1, 7(2)(c)(ii) (with reg. 12); 2020 c. 1, Sch. 5 para. 1(1)