BETA

Activities of Heide RÜHLE related to 2008/0160(COD)

Plenary speeches (1)

2016/11/22
Dossiers: 2008/0160(COD)

Amendments (28)

Proposal for a regulation
Recital - 1 (new)

(-1) In its declaration of 26 September 2006 on banning seal products in the European Union1, the European Parliament requested the Commission to immediately draft a regulation to ban the import, export and sale of all harp and hooded seal products. In its resolution of 12 October 2006 on a Community Action Plan on the Protection and Welfare of Animals 2006-20102, the European Parliament called on the Commission to propose a total import ban on seal products. In its Recommendation 1776 (2006) on seal hunting of 17 November 2006, the Parliamentary Assembly of the Council of Europe recommended to invite the Member States of the Council of Europe practising seal hunting to ban all cruel hunting methods which do not guarantee the instantaneous death, without suffering, of the animals, to prohibit the stunning of animals with instruments such as hakapiks, bludgeons and guns, and to promote initiatives aimed at prohibiting trade in seal products. _________ 1 OJ C 306 E, 15.12.2006, p. 194. 2 OJ C 308 E, 16.12.2006, p. 170.

2009/01/30
Committee: IMCO

Proposal for a regulation
Recital 3

(3) The hunting of seals has led to expressions of serious concerns by members of the public, governments as well as the European Parliament sensitive to animal welfare considerations since there ~~are indications that seals may not be killed and skinned without causing avoidable pain, distress and other forms of suffering. The European Food Safety Authority conclud~~is irrefutable evidence that seals killed, in ~~its scientific opinion on the Animal Welfare aspects of the killing and skinning of seals, that it is possible to kill seals rapidly and effectively without causing them avoidable~~commercial seal hunts consistently suffer pain or, distress~~, whilst also reporting that in practice, effective and humane killing does not always happen~~ and other forms of suffering.

2009/01/30
Committee: IMCO

Proposal for a regulation
Recital 3 a (new)

(3a) In 2007, the Commission provided a mandate to the European Food Safety Authority to assess the most appropriate or suitable killing methods for seals which reduce unnecessary pain, distress and suffering to the greatest extent possible, but did not request that EFSA evaluate whether the killing in commercial seal hunts is in fact humane or could ever be made humane given the conditions under which the hunting occurs.

2009/01/30
Committee: IMCO

Proposal for a regulation
Recital 3 b (new)

(3b) The European has received thousands of letters, e-mails and petitions expressing EU citizens’ overwhelming public opposition regarding the trade in seal products undertaken in unregulated circumstances which render the killing inherently inhumane.

2009/01/30
Committee: IMCO

Proposal for a regulation
Recital 4

(4) In response to the concern about the animal welfare aspects of the killing and skinning of seals, several Member States have adopted or intend to adopt legislation regulating trade in seal products, including Austria, Belgium, France, Germany, Italy, Luxembourg, the Netherlands and Slovenia, as well as, internationally, Croatia, Mexico, Panama, Switzerland and the United States of America, largely on the basis of ethical considerations related to animal welfare, by prohibiting their import, and production, while no restrictions are placed on the trade in these products in other Member States.

2009/01/30
Committee: IMCO

Proposal for a regulation
Recital 6

(6) To eliminate the present fragmentation of the internal market and to meet animal welfare concerns of European citizens, and taking into account nature conservation issues, there is a need to provide for harmonised rules ~~while taking into account animal welfar~~based on these considerations. A ban on placing seal products on the market is appropriate to that effect.

2009/01/30
Committee: IMCO

Proposal for a regulation
Recital 10

(10) The various prohibitions provided for by this Regulation should respond to the animal welfare concerns expressed by members of the public as to the placing on the Community market, including further to imports from third countries, of seal products obtained from seals that might not have been killed and skinned without causing ~~avoidable~~ pain, distress and other forms of suffering.

2009/01/30
Committee: IMCO

Proposal for a regulation
Recital 11

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

2009/01/30
Committee: IMCO

Proposal for a regulation
Recital 12

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

2009/01/30
Committee: IMCO

Proposal for a regulation
Recital 13

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

2009/01/30
Committee: IMCO

Proposal for a regulation
Recital 14

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

2009/01/30
Committee: IMCO

Proposal for a regulation
Recital 16

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

2009/01/30
Committee: IMCO

Proposal for a regulation
Article 1

This Regulation establishes harmonised rules concerning the placing on the market and the import in, transit through, or export from, the European Community of seal products, and meets animal welfare concerns whilst taking into account nature conservation issues.

2009/01/30
Committee: IMCO

Proposal for a regulation
Article 2 – point 1

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

2009/01/30
Committee: IMCO

Proposal for a regulation
Article 2 – point 7

7. 'applicants requesting a derogation' mean countries, including Member States, requesting a derogation under Article 5 of this Regulation on whose territory or under whose jurisdiction the seals from which seals products are made, have been killed and skinned as well as the country under whose jurisdiction fall the persons who kill and skin seals where the killing and skinning take place on the territory of another country. When adopting the implementing measures referred to in Article 5(5), the Commission will decide, in line with the objectives of this Regulation, under which conditions entities other than countries should be included.deleted

2009/01/30
Committee: IMCO

Proposal for a regulation
Article 2 – point 7 a (new)

7a.'hunts traditionally conducted' means the non-commercial hunting for seals traditionally undertaken by Inuit communities;

2009/01/30
Committee: IMCO

Proposal for a regulation
Article 2 – point 7 b (new)

7b. 'subsistence purposes' means the customary and traditional uses by Inuit 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; and for exchange of seals or their parts if the exchange is of a limited and non- commercial nature, or sharing for personal or family consumption.

2009/01/30
Committee: IMCO

Proposal for a regulation
Article 3 – paragraph 2

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

2009/01/30
Committee: IMCO

Proposal for a regulation
Article 4

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

2009/01/30
Committee: IMCO

Proposal for a regulation
Article 5

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

2009/01/30
Committee: IMCO

Proposal for a regulation
Article 6

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

2009/01/30
Committee: IMCO

Proposal for a regulation
Article 7

1. The label or marking referred to in Article 4(1)(d)(ii) shall be affixed in an intelligible, indelible and visible manner. 2. The Commission shall adopt all measures necessary to implement this Article, such as measures specifying the conditions which marking and label shall meet and the circumstances under which they shall be affixed. Those measures, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 9(3).Article 7 deleted Labelling and marketing

2009/01/30
Committee: IMCO

Proposal for a regulation
Article 8

The Commission may amend the annexes. Those measures, designed to amend non- essential elements of this regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 9(3).Article 8 deleted Labelling and marketing

2009/01/30
Committee: IMCO

Proposal for a regulation
Article 9 – paragraph 2

~~2. Where reference is made to this paragraph, Article 4 and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.~~deleted

2009/01/30
Committee: IMCO

Proposal for a regulation
Article 11

1. Member States shall send by ...* and thereafter every ~~fiv~~three years to the Commission a report outlining the actions taken to enforce this Regulation. 2. On the basis of the reports referred to in paragraph 1, the Commission shall report to the European Parliament and the Council on the application of this Regulation within twelve months of the end of ~~the five-year~~each reporting period concerned. ________ * Two years from the entry into force of this Regulation.

2009/01/30
Committee: IMCO

Proposal for a regulation
Article 12 – paragraph 2

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

2009/01/30
Committee: IMCO

Proposal for a regulation
Annex I

Annex I is deleted.

2009/01/30
Committee: IMCO

Proposal for a regulation
Annex II

Annex II is deleted.

2009/01/30
Committee: IMCO