Commission Implementing Regulation (EU) 2015/1850Show full title

Commission Implementing Regulation (EU) 2015/1850

of 13 October 2015

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

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 1007/2009 of the European Parliament and of the Council of 16 September 2009 on trade in seal products(1), and in particular Article 3(4) thereof,

Whereas:

(1) Regulation (EC) No 1007/2009 allows, under specific conditions, for the placing on the market of seal products which result from hunts conducted by Inuit and other indigenous communities. It also allows for the placing on the market of seal products where the import of seal products is occasional in nature and where the imported products consist exclusively of goods for the personal use of travellers and their families.

(2) Commission Regulation (EU) No 737/2010(2) established detailed rules for the placing on the market of seal products pursuant to Article 3 of Regulation (EC) No 1007/2009.

(3) Regulation (EU) 2015/1775 of the European Parliament and of the Council(3) has amended Article 3 of Regulation (EC) No 1007/2009, and it has repealed Regulation (EU) No 737/2010 with effect from date of application of this Regulation. It is necessary, therefore, to lay down measures implementing Article 3 of Regulation (EC) No 1007/2009, as amended.

(4) It is appropriate to provide that entities which comply with certain requirements should be included in a list of recognised bodies issuing documents attesting compliance with conditions for placing on the market of seal products.

(5) Models should be set out for the attesting documents and their copies in order to facilitate the management and verification of attesting documents.

(6) Procedures for the control of attesting documents should be set out. Those procedures should be as simple and as practical as possible without compromising the credibility and consistency of the control system.

(7) The use of electronic systems should be allowed in order to facilitate the exchange of data between competent authorities, the Commission and the recognised bodies.

(8) The processing of personal data for the purposes of this Regulation, in particular as regards the processing of personal data contained in attesting documents, should comply with Directive 95/46/EC of the European Parliament and of the Council(4) and Regulation (EC) No 45/2001 of the European Parliament and of the Council(5).

(9) Since this Regulation lays down detailed rules for the implementation of Article 3 of Regulation (EC) No 1007/2009 as amended by Regulation (EU) 2015/1775, which applies as of 18 October 2015, it should enter into force as a matter of urgency.

(10) The measures provided for in this Regulation are in accordance with the opinion of the Committee established pursuant to Article 18(1) of Council Regulation (EC) No 338/97(6),

HAS ADOPTED THIS REGULATION:

Article 1 U.K. Subject matter

This Regulation lays down detailed rules for the placing on the market of seal products and for the importing of seal products for the personal use of travellers or their families pursuant to Article 3 of Regulation (EC) No 1007/2009.

Article 2 U.K. Personal use of travellers or their families

1. Seal products for the personal use of travellers or their families may only be imported where any of the following requirements is fulfilled:

(a) the seal products are either worn by the travellers, or carried or contained in their personal luggage;

(b) the seal products are contained in the personal property of a natural person transferring his normal place of residence from a third country to the [F1 United Kingdom];

(c) the seal products are acquired on site in a third country by travellers and imported by those travellers at a later date, provided that, upon arrival in the [F2 United Kingdom], those travellers present to the customs authorities F3 ... the following documents:

(i)

a written notification of import;

(ii)

a supporting document giving evidence that the products were acquired in the third country concerned.

2. For the purposes of paragraph 1(c), the written notification and the supporting document shall be endorsed by the customs authorities and returned to the travellers. On import, the notification and the supporting document shall be presented to the customs authorities together with the customs declaration for the products concerned.

Textual Amendments

F1 Words in Art. 2(1)(b) substituted (31.12.2020) by The Seal Products (Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1034), regs. 1, 4(2)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Art. 2(1)(c) substituted (31.12.2020) by The Seal Products (Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1034), regs. 1, 4(2)(a)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 2(1)(c) omitted (31.12.2020) by virtue of The Seal Products (Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1034), regs. 1, 4(2)(a)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

Article 3 U.K. Recognised bodies

1. An entity shall be included in a list of recognised bodies where it demonstrates that it fulfils the following requirements:

(a) it has legal personality;

(b) it has the capacity to ascertain that the requirements of Article 3(1) of Regulation (EC) No 1007/2009 are met;

(c) it has the capacity to issue and manage attesting documents referred to in Article 4(1), as well as to process and archive records;

(d) it has the ability to carry out its functions in a manner that avoids conflict of interest;

(e) it has the ability to monitor compliance with the requirements set out in Article 3(1) of Regulation (EC) No 1007/2009;

(f) it has the capacity to withdraw attesting documents referred to in Article 4(1) or suspend their validity in case of non-compliance with the requirements of this Regulation F4 ....

(g) it is subject to independent third party audits;

(h) it operates at national or regional level.

2. In order to be included in the list referred to in paragraph 1, an entity shall submit to the [F5 Secretary of State] a request accompanied by documentary evidence that it fulfils the requirements set out in paragraph 1.

[F6 2a. Article 3a provides for recognition of an entity which has submitted a request under paragraph 2].

3. The recognised body shall submit audit reports produced by the independent third party referred to in paragraph 1(g) to the [F7 Secretary of State] at the end of each reporting cycle.

Textual Amendments

F4 Words in Art. 3(1)(f) omitted (31.12.2020) by virtue of The Seal Products (Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1034), regs. 1, 4(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Art. 3(2) substituted (31.12.2020) by The Seal Products (Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1034), regs. 1, 4(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F6 Art. 3(2a) inserted (E.W.S.) (30.7.2022) by The Seal Products (Amendment) Regulations 2022 (S.I. 2022/771), regs. 1(2), 2(2)

F7 Words in Art. 3(3) substituted (31.12.2020) by The Seal Products (Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1034), regs. 1, 4(3)(c); 2020 c. 1, Sch. 5 para. 1(1)

[F8 Article 3a U.K. Recognition of bodies

1. The Secretary of State may, by a decision published under paragraph 6, recognise an entity as a recognised body for the purposes of Article 3 where the Secretary of State is satisfied that it meets the requirements prescribed in paragraph 1 of that Article.

2. Upon request from a recognised body, the Secretary of State may amend the name of the recognised body as it appears on the list of recognised bodies.

3. The Secretary of State may remove an entity from the list of recognised bodies if the Secretary of State considers that the entity does not meet the requirements prescribed in Article 3. The entity shall be notified 6 months before removal from the list of recognised bodies.

4. The Secretary of State may suspend an entity from the list of recognised bodies if the Secretary of State considers that the entity does not meet the requirements prescribed in Article 3. The entity shall be notified 6 months before suspension from the list of recognised bodies. The Secretary of State may withdraw the suspension upon satisfying the requirements prescribed in Article 3.

5. The Secretary of State shall decide upon the validity of the attesting documents referred to in Article 4(1) issued by the recognised bodies in paragraphs 2, 3 and 4.

6. A decision taken under this Article shall be published in such manner as the Secretary of State considers appropriate.]

Textual Amendments

F8 Art. 3a inserted (E.W.S.) (30.7.2022) by The Seal Products (Amendment) Regulations 2022 (S.I. 2022/771), regs. 1(2), 2(3)

Article 4 U.K. Attesting documents

1. Upon request, where the requirements for placing on the market set out in Article 3(1) of Regulation (EC) No 1007/2009 are met, a recognised body shall issue attesting documents conforming to the models set out in the Annex to this Regulation.

2. The recognised body shall deliver the attesting document to the applicant and shall keep a copy for three years for record-keeping purposes.

3. Subject to Article 5(2), when a seal product is placed on the market, the original attesting document shall be delivered with the seal product. The applicant may keep a copy of the attesting document.

4. A reference to the attesting document number shall be included in any further invoice.

5. A seal product accompanied by an attesting document F9 ... shall be deemed to comply with Article 3(1) of Regulation (EC) No 1007/2009.

6. Acceptance of a customs declaration for release F10 ... of a seal product F11 ... shall be subject to the presentation of an attesting document [F12 . The] customs authorities shall keep a copy of the attesting document in their records.

[F13 6A. For the purposes of paragraphs 3 to 6, “attesting document” means—

(a) an attesting document issued in accordance with paragraph 1;

(b) an attesting document issued before 1 January 2021 in accordance with Article 4(1) of Commission Implementing Regulation (EU) 2015/1850 as it has effect in EU law].

7. In case of doubts relating to the authenticity or correctness of an attesting document issued in accordance with paragraph 1 as well as when further advice is required, the customs authorities and other enforcement officers shall contact a competent authority designated by the [F14 country] concerned in accordance with Article 6. The competent authority contacted shall decide on the measures to be taken.

Textual Amendments

F9 Words in Art. 4(5) omitted (31.12.2020) by virtue of S.I. 2018/1034, reg. 4(4)(za) (as inserted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 23(3)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in Art. 4(6) omitted (31.12.2020) by virtue of The Seal Products (Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1034), regs. 1, 4(4)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F11 Words in Art. 4(6) omitted (31.12.2020) by virtue of The Seal Products (Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1034), regs. 1, 4(4)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F12 Word in Art. 4(6) substituted (31.12.2020) by S.I. 2018/1034, reg. 4(4)(a)(iii) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 23(3)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F13 Art. 4(6A) inserted (31.12.2020) by S.I. 2018/1034, reg. 4(4)(aa) (as inserted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 23(3)(c)); 2020 c. 1, Sch. 5 para. 1(1)

F14 Word in Art. 4(7) substituted (31.12.2020) by The Seal Products (Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1034), regs. 1, 4(4)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 5 U.K. Format of the attesting documents

1. The attesting document referred to in Article 4(1) shall be paper-based or in electronic form.

2. In case of an electronic attesting document, a printed copy of that attesting document shall accompany the seal product at the time the product is placed on the market.

3. The use of the attesting document shall be without prejudice to any other formalities relating to the placing on the market.

4. A competent authority designated in accordance with Article 6 may require that the attesting document be translated into [F15 English, where the product is to be placed on the market in the United Kingdom].

Textual Amendments

F15 Words in Art. 5(4) substituted (31.12.2020) by The Seal Products (Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1034), regs. 1, 4(5); 2020 c. 1, Sch. 5 para. 1(1)

Article 6 U.K. Competent authorities

[F16 1. The Secretary of State shall designate one or more competent authorities who will be responsible for verification, upon request of the customs authorities pursuant to Article 4(7), of attesting documents for imported seal products.]

F17 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F16 Art. 6(1) substituted (31.12.2020) by The Seal Products (Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1034), regs. 1, 4(6)(a); 2020 c. 1, Sch. 5 para. 1(1)

F17 Art. 6(2)(3) omitted (31.12.2020) by virtue of The Seal Products (Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1034), regs. 1, 4(6)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 7 U.K. Electronic systems for the exchange and recording of data

1. Competent authorities may use electronic systems for the exchange and recording of data contained in attesting documents.

F18 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18 Art. 7(2) omitted (31.12.2020) by virtue of The Seal Products (Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1034), regs. 1, 4(7); 2020 c. 1, Sch. 5 para. 1(1)

Article 8 U.K. Protection with regard to the processing of personal data

This Regulation is without prejudice to the level of protection of individuals with regard to the processing of personal data under [F19 [F20 assimilated direct] legislation] and national law, and in particular does not alter the obligations and rights set out in [F21 Regulation (EU) No 2016/679] and Regulation (EC) No 45/2001. The protection of individuals with regard to the processing of personal data shall be ensured in particular with regard to any disclosure or communication of personal data in an attesting document.

Textual Amendments

F19 Words in Art. 8 substituted (31.12.2020) by The Seal Products (Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1034), regs. 1, 4(8)(a); 2020 c. 1, Sch. 5 para. 1(1)

F20 Words in Art. 8 substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 15 para. 112

F21 Words in Art. 8 substituted (31.12.2020) by The Seal Products (Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1034), regs. 1, 4(8)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 9 U.K. Transitional provision

[F22 1.] The attesting documents issued by a recognised body in accordance with Regulation (EU) No 737/2010 prior to 18 October 2015 shall remain valid after that date.

[F23 2. The attesting documents issued in accordance with Article 4(1) by any body recognised under the following legislation remain valid—

(a) Commission Decision recognising the Greenland Department of Fisheries, Hunting and Agriculture (APNN) in accordance with Article 3 of Commission Implementing Regulation (EU) 2015/1850 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;

(b) Commission Decision recognising the Department of Environment, Government of Nunavut in accordance with Article 3 of Implementing Regulation (EU) 2015/1850 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;

(c) Commission Decision (EU) 2017/265 including the Government of Northwest Territories of Canada as a recognised body in the list referred to in Article 3 of Implementing Regulation (EU) 2015/1850 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.]

Textual Amendments

F22 Art. 9 renumbered as Art. 9(1) (E.W.S.) (30.7.2022) by The Seal Products (Amendment) Regulations 2022 (S.I. 2022/771), regs. 1(2), 2(4)(a)

F23 Art. 9(2) inserted (E.W.S.) (30.7.2022) by The Seal Products (Amendment) Regulations 2022 (S.I. 2022/771), regs. 1(2), 2(4)(b)

F24 Article 10 U.K. Entry into force and application

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F24 Art. 10 (including binding words) omitted (31.12.2020) by virtue of The Seal Products (Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1034), regs. 1, 4(9); 2020 c. 1, Sch. 5 para. 1(1)

F24 ...

Done at Brussels, 13 October 2015.

For the Commission

The President

Jean-Claude Juncker

F25 F26 ANNEX U.K.

Textual Amendments

F25 Annex: in the heading of each of the model attesting documents, the words “UNITED KINGDOM” are substituted for “EUROPEAN UNION” (31.12.2020) by The Seal Products (Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1034), regs. 1, 4(10)(a)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F26 Annex: in the heading of each of the model attesting documents, the words “MARKET IN THE UNITED KINGDOM” are substituted for “UNION’S MARKET” (31.12.2020) by The Seal Products (Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1034), regs. 1, 4(10)(a)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

Notes for guidance U.K.

General: U.K.

Complete in capitals U.K.

Box 1.	Issuing body	Indicate the name and address of the recognised body that issues the attesting document.
Box 2.	For the purposes of the issuing country	Space for the purposes of the issuing country.
Box 3.	Attesting document number	Indicate the issuing number of the attesting document.
Box 4.	Country of placing on the market [F27 : United Kingdom]	F28 . . .
Box 5.	ISO code [F29 : UK]	F28 . . .
Box 6.	Commercial description of the seal product	Indicate the commercial description of the seal product(s). The description shall be consistent with the entry in box 7.
Box 7.	Scientific name	Indicate the scientific name(s)of the species of the seal(s)used in the product. Where more than one species is included in a composite product, indicate each species on a separate line.
Box 8.	HS heading	Give the four-digit or the six-digit commodity code established pursuant to the Harmonised Commodity Description and Coding System.
Box 9.	Country of taking	Indicate the country where the sealsused in the product were taken from the wild.
Box 10.	ISO code	Indicate the two-letter code for the country declared in Box 9.
Box 11.	Net weight	Give the overall weight in kg. This is defined as the net mass of the seal products without immediate containers or any packaging, other than bearers, spacers, stickers, etc.
Box 12.	Number of units	Indicate the number of units, if applicable.
Box 13.	Distinguishing marks	Where applicable, indicate any distinguishing marks, such as the lot number or bill of lading number.
Box 14.	Unique identifier	Indicate any traceability identifiers present on the product.
Box 15.	Signature and stamp of issuing recognised body	The box is to be signed by the authorised official, stating the place and date, and stamped with the official stamp of the issuing recognised body.
Box 16.	Endorsement by customs	The customs authority is to indicate the number of the customs declaration and add its signature and stamp.

Textual Amendments

F27 Words in Annex inserted (31.12.2020) by The Seal Products (Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1034), regs. 1, 4(10)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F28 Words in Annex omitted (31.12.2020) by virtue of The Seal Products (Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1034), regs. 1, 4(10)(b); 2020 c. 1, Sch. 5 para. 1(1)

F29 Word in Annex inserted (31.12.2020) by The Seal Products (Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1034), regs. 1, 4(10)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

(1)

OJ L 286, 31.10.2009, p. 36.

(2)

Commission Regulation (EU) No 737/2010 of 10 August 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 (OJ L 216, 17.8.2010, p. 1).

(3)

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 (OJ L 262, 7.10.2015, p. 1).

(4)

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31).

(5)

Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).

(6)

Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein (OJ L 61, 3.3.1997, p. 1).