products are sold commercially on different markets, including the Community market. Given the nature of those products, it is difficult or impossible for consumers to distinguish them from similar products not derived
from seals.
(4) The hunting of seals has led to expressions of serious concerns by members
of the public and governments sensitive to animal welfare considerations
due to the pain, distress, fear and other forms of suffering which the killing
and skinning of seals, as they are most frequently performed, cause to those
animals.
(5) In response to concerns of citizens and consumers about the animal welfare
aspects of the killing and skinning of seals and the possible presence on the
market of products obtained from animals killed and skinned in a way that
causes pain, distress, fear and other forms of suffering, several Member
States have adopted or intend to adopt legislation regulating trade in seal
products by prohibiting the import and production of such products, while
no restrictions are placed on trade in these products in other Member States.
(6) There are therefore differences between national provisions governing the
trade, import, production and marketing of seal products. Those differences
adversely affect the operation of the internal market in products which
contain or may contain seal products, and constitute barriers to trade in
such products.
(7) The existence of such diverse provisions may further discourage consumers
from buying products not made from seals, but which may not be easily
distinguishable from similar goods made from seals, or products which may
include elements or ingredients obtained from seals without this being
clearly recognisable, such as furs, Omega-3 capsules and oils and leather
goods.
(8) The measures provided for in this Regulation should therefore harmonise
the rules across the Community as regards commercial activities concerning
seal products, and thereby prevent the disturbance of the internal market in
the products concerned, including products equivalent to, or substitutable,
for seal products.
(9) In accordance with the Protocol on protection and welfare of animals
annexed to the Treaty, the Community is to pay full regard to the welfare
requirements of animals when formulating and implementing, inter alia, its
internal market policy. The harmonised rules provided for in this Regulation
should accordingly take fully into account considerations of the welfare of
animals.
(10) To eliminate the present fragmentation of the internal market, it is necessary
to provide for harmonised rules while taking into account animal welfare
considerations. In order to counter barriers to the free movement of products
concerned in an effective and proportionate fashion, the placing on the
market of seal products should, as a general rule, not be allowed in order
to restore consumer confidence while, at the same time, ensuring that animal
welfare concerns are fully met. Since the concerns of citizens and consumers
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Regulation 1007/2009 on Trade in Seal Products, 2009 (As amended by. . .
from seals.
(4) The hunting of seals has led to expressions of serious concerns by members
of the public and governments sensitive to animal welfare considerations
due to the pain, distress, fear and other forms of suffering which the killing
and skinning of seals, as they are most frequently performed, cause to those
animals.
(5) In response to concerns of citizens and consumers about the animal welfare
aspects of the killing and skinning of seals and the possible presence on the
market of products obtained from animals killed and skinned in a way that
causes pain, distress, fear and other forms of suffering, several Member
States have adopted or intend to adopt legislation regulating trade in seal
products by prohibiting the import and production of such products, while
no restrictions are placed on trade in these products in other Member States.
(6) There are therefore differences between national provisions governing the
trade, import, production and marketing of seal products. Those differences
adversely affect the operation of the internal market in products which
contain or may contain seal products, and constitute barriers to trade in
such products.
(7) The existence of such diverse provisions may further discourage consumers
from buying products not made from seals, but which may not be easily
distinguishable from similar goods made from seals, or products which may
include elements or ingredients obtained from seals without this being
clearly recognisable, such as furs, Omega-3 capsules and oils and leather
goods.
(8) The measures provided for in this Regulation should therefore harmonise
the rules across the Community as regards commercial activities concerning
seal products, and thereby prevent the disturbance of the internal market in
the products concerned, including products equivalent to, or substitutable,
for seal products.
(9) In accordance with the Protocol on protection and welfare of animals
annexed to the Treaty, the Community is to pay full regard to the welfare
requirements of animals when formulating and implementing, inter alia, its
internal market policy. The harmonised rules provided for in this Regulation
should accordingly take fully into account considerations of the welfare of
animals.
(10) To eliminate the present fragmentation of the internal market, it is necessary
to provide for harmonised rules while taking into account animal welfare
considerations. In order to counter barriers to the free movement of products
concerned in an effective and proportionate fashion, the placing on the
market of seal products should, as a general rule, not be allowed in order
to restore consumer confidence while, at the same time, ensuring that animal
welfare concerns are fully met. Since the concerns of citizens and consumers
212
Regulation 1007/2009 on Trade in Seal Products, 2009 (As amended by. . .