24 Amendments of Nils TORVALDS related to 2015/0028(COD)
Amendment 11 #
Proposal for a regulation
Recital 1
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 14 #
(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
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 15 #
Proposal for a regulation
Recital 2
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 19 #
Proposal for a regulation
Recital 3
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 possiblesustainable 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 primarisolely 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 primarisolely for commercial purposes.
Amendment 21 #
Proposal for a regulation
Recital 3
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 possiblesustainable 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 primarisolely 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 primarisolely for commercial purposes.
Amendment 23 #
Proposal for a regulation
Recital 3
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 possiblesustainable 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 4
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 sus 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 29 #
Proposal for a regulation
Recital 4
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 suThat should be allowed under specific conditions in order to avoid wastainable management of marine resources, in practice, however, these hunts may be difficult tog 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 31 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 1007/2009
Article 3 – paragraph 1 – subparagraph 1 – point a
Article 3 – paragraph 1 – subparagraph 1 – point a
(a) the hunt has been traditionally conducted byis an integral part of the culture and identity of the community;
Amendment 33 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 1007/2009
Article 3 – paragraph 1 – subparagraph 1 – introductory part
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 33 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 1007/2009
Article 3 – paragraph 1 – subparagraph 1 – point b
Article 3 – paragraph 1 – subparagraph 1 – point b
(b) the hunt contributes to the subsistence of the community and is not conducted primarisolely for commercial reasons;
Amendment 34 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 1007/2009
Article 3 – paragraph 1 – subparagraph 1– point c
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 sufferan 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 communityir 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 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 1007/2009
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
The above conditions shall apply at the time or point of import for imported seal products.
Amendment 37 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 1007/2009
Article 3 – paragraph 1 – subparagraph 1 – point a
Article 3 – paragraph 1 – subparagraph 1 – point a
(a) the hunt has been traditionally conducted byis an integrated part of the culture and identity of the community;
Amendment 37 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 1007/2009
Article 3 – paragraph 1 a (new)
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 40 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EC) No 1007/2009
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) the hunt is conducted in a manner which reduces pain, distress, fear or other forms of sufferan 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 communityir 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 41 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EC) No 1007/2009
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
Amendment 42 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 1007/2009
Article 3 – paragraph 5
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 primarisolely for commercial purposes, the Commission shall be empowconsult the countries of origin concerned to adoptand 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 44 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 1007/2009
Article 3 – paragraph 1 – subparagraph 1 – point c
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 46 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 1007/2009
Article 3 – paragraph 1 a (new)
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 3 a (new)
Article 1 – point 3 a (new)
Regulation (EC) No 1007/2009
Article 7
Article 7
(3a) Article 7 is replaced by the following: Article 7 Reporting 1. By 20 Nov31 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 implementation 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 52 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EC) No 1007/2009
Article 3 – paragraph 5
Article 3 – paragraph 5
5. If the number of seals hunted, the quantity ofThe 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 conductein 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 productcan 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 marketto certain countries of origin, on the import of seal products into the Community.
Amendment 55 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Regulation (EC) No 1007/2009
Article 7
Article 7
(3a) Article 7 is replaced by the following: Article 7 Reporting 1. By 20 Nov31 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 ParliaThe 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 Council on the implementation of this Regulation within 12 months of the end of each reporting period concernedmmission 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.