- Latest available (Revised)
- Point in Time (20/08/2010)
- Original (As made)
Version Superseded: 22/04/2011
Point in time view as at 20/08/2010.
There are currently no known outstanding effects for the The Seal Products Regulations 2010.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Statutory Instruments
Animals
Made
15th August 2010
Laid before Parliament
17th August 2010
Coming into force
20th August 2010
The Secretary of State is a Minister designated(1) in relation to products derived from pinnipeds under section 2(2) of the European Communities Act 1972(2).
These Regulations make provisions for a purpose mentioned in that section and it appears to the Secretary of State that it is expedient for references to Regulation (EC) No 1007/2009 of the European Parliament and of the Council on trade in seal products of 16th September 2009(3) to be construed as references to that Regulation as amended from time to time.
The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972.
1. These Regulations may be cited as the Seal Products Regulations 2010 and come into force on 20th August 2010.
Commencement Information
I1Reg. 1 in force at 20.8.2010, see reg. 1
2. In these Regulations—
“general customs official” means a customs official designated under section 3 of the Borders, Citizenship and Immigration Act 2009(4);
“the EU Regulation” means Regulation (EC) No. 1007/2009 of the European Parliament and of the Council on trade in seal products of 16th September 2009 as amended from time to time;
“seal products” means all products, either processed or unprocessed, deriving or obtained from seals, including meat, oil, blubber, organs, raw fur skins and fur skins, tanned or dressed, including fur skins assembled in plates, crosses and similar forms, and articles made from fur skins.
Commencement Information
I2Reg. 2 in force at 20.8.2010, see reg. 1
3.—(1) A person who breaches Article 3 of the EU Regulation is guilty of an offence and is liable—
(a)on summary conviction, to a fine not exceeding the statutory maximum; and
(b)on conviction on indictment, to a fine not exceeding £75,000.
Commencement Information
I3Reg. 3 in force at 20.8.2010, see reg. 1
4.—(1) It is the duty of a general customs official to enforce the EU Regulation at a place where goods are subject to customs supervision by that general customs official.
(2) For the purpose of paragraph (1), goods are subject to customs supervision within the meaning of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code(5).
Commencement Information
I4Reg. 4 in force at 20.8.2010, see reg. 1
5. The Secretary of State is the Competent Authority for the purpose of the EU Regulation.
Commencement Information
I5Reg. 5 in force at 20.8.2010, see reg. 1
Jim Paice
Minister of State
Department for Environment, Food and Rural Affairs
(This note is not part of the Regulations)
These Regulations implement Regulation (EC) No. 1007/2009 of the European Parliament and of the Council on trade in seal products of 16 September 2009(6) as amended from time to time (“the EU Regulation”). In accordance with the EU Regulation Article 3, the placing on the market of seal products is allowed only if the seal products result from hunts traditionally conducted by Innuit and other indigenous communities and contribute to their subsistence. These conditions apply at the time or point of import for imported products.
The placing on the market of seal products is also allowed where the seal products result from by-products of hunting that is conducted for the sole purpose of the sustainable management of marine resources. Such placing on the market is only allowed on a not-for-profit basis. The nature and quantity of the seal products must not be such as to indicate that they are being placed on the market for commercial reasons (Article 3(2)(b) of the EU Regulation).
The import of seal products is allowed only 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 must not be such as to indicate that they are being imported for commercial reasons (Article 3(2)(a)).
No powers of enforcement (including investigation, obstruction of an officer, forfeiture and destruction of goods) have been included in this instrument since all the necessary powers are already granted by the Customs and Excise Management Act 1979(7).
A Regulatory Impact Assessment has been prepared and placed in the library of each House of Parliament. Copies can be obtained from the Animal Welfare Core Team of the Department for Environment, Food and Rural Affairs, 9 Millbank, London SW1P 3JR.
1972 c. 68. Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51) and amended by S.I. 2007/1388 and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7).
OJ No L 286, 31.10.2009, p 36.
OJ No L 302, 19.10.1992, p 1, as last amended by Council Regulation (EC) 1791/2006 (OJ No L 363 20.12.2006, p 1).
OJ No L286, 31.10.2009, p.36.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: