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Study on Implementing Measures for Trade in Seal Products Final Report

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Study on Implementing Measures for Trade in Seal Products Final Report European Commission Directorate-General Environment Study on implementing measures for trade in seal products Final Report January 2010 COWI A/S Parallelvej 2 DK-2800 Kongens Lyngby Denmark Tel +45 45 97 22 11 Fax +45 45 97 22 12 www.cowi.com European Commission DG Environment Study on implementing measures for trade in seal products Final Report March 2010 DISCLAIMER: The content of this report is the sole responsibility of the Con- tractor and can in no way be taken to reflect the views of the European Com- mission. In cooperation with Photo on front page: Morten Jessen . Study on implementing measures for trade in seal products i Table of Contents Executive Summary iii 1 Introduction 1 1.1 Assignment 1 1.2 Background 1 1.3 Objectives of study 2 1.4 Linking the assignment and the Regulation concerning trade in seal products 2 1.5 Timing of implementation of the Regulation 4 2 Study approach and methodology 5 2.1 Study process 5 2.2 Methodology 5 2.3 Study limitations 19 3 Identification of communities within the scope of the Regulation 21 3.1 Hunts traditionally conducted by Inuit or other indigenous communities for the purpose of subsistence 21 3.2 By-products of hunts for the sole purpose of sustainable resource management 33 4 Facts on products, trade and markets 37 4.1 Products covered by the Regulation 37 4.2 Trade in seal products 40 4.3 Trade chain scenarios 44 5 Developing options for a traceability scheme 47 5.1 Lessons from existing traceability schemes 47 5.2 Minimum requirements to a traceability system applied to the Regulation 53 5.3 Minimum requirements for traceability of seal trade – existing systems 54 . Study on implementing measures for trade in seal products ii 5.4 Three alternative traceability systems 57 6 Impact assessment and comparison of traceability options 61 6.1 Assessment of impacts 63 6.2 Comparison of options 73 7 Conclusions and recommendations 77 7.1 Conclusions 77 7.2 Recommendations 83 Table of Appendices Annex 1 Stakeholders consulted Annex 2 Canada mission Annex 3 Greenland mission Annex 4 Sustainable management of marine resources Annex 5 Background paper - Expert workshop Annex 6 Background paper - Stakeholder meeting Annex 7 The US fur products identification act relating - the $ 150 exemption Annex 8 References . Study on implementing measures for trade in seal products iii Executive Summary Background The Regulation con- The Regulation on the trade in seal products (Regulation (EC) No 1007/2009 of cerning trade in seals the European Parliament and of the Council)1 laying down the future conditions products for placing seal products on the EU market was adopted on 16th September 2009 and published in the Official Journal of the EU on 31st October 2009. The Regulation was introduced in order to avoid an increase in dissimilar national legislation of EU Member States. Some Member States had already introduced legislation related to this politically sensitive issue which has been discussed extensively in both the general public and at national government level. The need for the Following the adoption of the Regulation, there is need to gain more knowledge study as input to de- of factors relevant for trade in seal products, including knowledge of seal hunt- fining implementing ing communities, seal products and the necessary measures to apply the condi- rules tions of the Regulation. COWI A/S has been contracted by the European Com- mission, DG Environment, to undertake a Study on implementing measures for trade in seal products, which provides input to the Commission's process of de- veloping implementing measures for this Regulation. Therefore, the results of this present study are providing input to the development of a suitable traceabil- ity scheme that can ensure that the conditions stipulated in the Regulation are met while defining the implementing rules. Objectives of study The overall purpose of the study is to provide the Commission with additional information in order to draft implementing measures in terms of traceability schemes in accordance with the Regulation on trade in seal products. Sealing occurs mainly in the following countries: Greenland, Canada, Russia, Namibia, Norway, Finland and Sweden. Also in the United Kingdom/Scotland seals are killed, although there is no regulated hunt of seals. Specifically, the study will - through a combination of desk research and stake- holder consultation: 1 http://eur- lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:286:0036:0039:EN:PDF . Study on implementing measures for trade in seal products iv 1. Provide an in-depth analysis of existing traceability systems concerning seal products in the sealing countries 2. Identify the main seal hunting communities falling under Article 3.1 and Article 3.2 (b) across the sealing countries 3. Provide a detailed list of products that contain or may contain compo- nents derived from seals, which are currently on the market or are likely to be marketed in the foreseeable future and identify how these products are currently labelled or marked 4. Look into 'best practice' in other sectors concerning traceability systems in order to screen for valuable lesson learnt 5. Provide recommendations for options for a suitable traceability system for seals products in response to the requirements of the regulation, in- cluding requirements concerning the type of information that need to be provided, e.g. place of origin, etc. The Regulation in short The Regulation introduces a general ban on placing seal products on the market with three exceptions: • Article 3.1: the seal products result from hunts traditionally conducted by Inuit and other indigenous communities and which contribute to their subsis- tence. These conditions shall apply at the time or point of import for imported products. • Article 3.2.a: import of seal where it is of an occasional nature and con- sists exclusively of goods for the personal use of the travellers or their families. The nature and quantity of such goods may not be such as to indicate that they are being imported for commercial reasons. • Article 3.2.b: seal products that result from by-products of hunting that is regulated under national law and conducted for the sole purpose of sustainable management of marine resources. Such placing on the market shall only be al- lowed on a non-profit basis. The nature and quantity of such products shall not be such as to indicate that they are being placed on the market for commercial reasons Identification of Communities falling under the scope of the Regulation Large differences in The nature and scale of the hunt vary considerably across the sealing countries. nature and scale of From large scale commercial hunt in Canada, Greenland, Namibia, Russia and the hunt Greenland to small scale hunting in Sweden and Finland with a few hundred seals killed on an annual basis for reasons of population control and sustainable management of marine eco systems. All countries with the exception of . Study on implementing measures for trade in seal products v Greenland have seal management plans in place and/or quotas for a yearly total allowance catch (TAC). Article 3.1 - Inuit / Article 3.1 of the Regulation implies that import is allowed if the following indigenous hunt for three criteria are met: subsistence exemp- tion 1. The product originates from Inuit or Indigenous community 2. The product derives from a hunt traditionally conducted 3. The hunt contributes to the subsistence of the community in question After an initial screening of affected Inuit and other indigenous communities it is likely that seal deriving from Greenland, Inuit communities of Canada, the Saami population in Northern Scandinavia and Russia as well as a number of other Russian indigenous communities may comply with these requirements. Article 3.2b - Article 3.2.b, concerning by-product of sustainable management of marine re- sustainable marine sources allows placing on the market on a non-profit bases and in quantities not resources manage- indicating a commercial motive contains several complex issues that must be ment exception resolved for the implementation of the Regulation. In line with the Marine Framework Directive this study has taken an eco-management approach in in- terpreting the Regulation, and several of the countries covered by the study have this integrated in their management plans, or are in the process of making such policy. However, how to interpret a non profit basis is a more controver- sial and complex issue and the Commission must decide on which approach to take to this. This study recommends taking a bottom up approach to this re- quirement. The costs of sustainable management of resources can be divided into a number of elements, as some costs occur at individual level (e.g. to the hunter) and other costs occur at regional or national level. In the countries where sealing is conducted with the sole purpose of sustainable management of marine re- sources as in Sweden and Finland, the actual activity of killing the seals are conducted by hunters on a voluntary basis. The cost of this activity is likely to be much higher if state employed hunters were to do the job as salaries would need to be included as well. Depending on future seal populations development in various regions a further need for population control might occur that re- quires a more formal system. Products and trade flows The Regulation covers all products, processed or unprocessed, derived or ob- tained from pinnipeds meaning that 1) Phocidae earless seals, or true seals, hereunder, but not limited to harp, hooded, ringed, common and grey seals; 2) Otariidae: eared seals, which are commonly referred to as sea lions and fur seals, hereunder but not limited to the south African fur seal; and 3) Odobeni- dae: walrus are covered by the Regulation.
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