L 286/36 Official Journal of the European Union 31.10.2009 REGULATION (EC) No 1007/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 September 2009 on trade in seal products (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO- PEAN UNION, Having regard to the Treaty establishing the European Commu- nity, and in particular Article 95 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Economic and Social Committee (1), Acting in accordance with the procedure laid down in Article 251 of the Treaty (3), Whereas: (1) Seals are sentient beings that can experience pain, distress, fear and other forms of suffering. In its declaration on ban- ning seal products in the European Union (3), the European Parliament requested the Commission immediately to 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 2006-2010 (#), the European Parlia- ment called on the Commission to propose a total import ban on seal products. In its Recommendation 1776 (2006) of 17 November 2006 on seal hunting, the Parliamentary Assembly of the Council of Europe recommended inviting 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. (2)  The import into Member States for commercial purposes of skins of harp seal pups and hooded seal pups and prod- ucts derived therefrom is prohibited under Council Direc- tive 83/129/EEC of 28 March 1983 concerning the importation into Member States of skins of certain seal pups and products derived therefrom (%). (1) Opinion delivered on 26 February 2009 (not yet published in the Offi- cial Journal). (%) Opinion of the European Parliament of 5 May 2009 (not yet published in the Official Journal) and Council Decision of 27 July 2009. () OJ C 306 E, 15.12.2006, p. 194. (4 OJ C 308 E, 16.12.2006, p. 170. () OJ L 91, 9.4.1983, p. 30. G) Seals are hunted within and outside the Community and used for obtaining products and articles, such as meat, oil, blubber, organs, fur skins and articles made therefrom, which include products as diverse as Omega-3 capsules and garments incorporating processed seal skins and fur. Those products are sold commercially on different mar- kets, 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. The hunting of seals has led to expressions of serious con- cerns 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. 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, sev- eral Member States have adopted or intend to adopt legis- lation regulating trade in seal products by prohibiting the import and production of such products, while no restric- tions are placed on trade in these products in other Mem- ber States. There are therefore differences between national provisions governing the trade, import, production and marketing of seal products. Those differences adversely affect the opera- tion of the internal market in products which contain or may contain seal products, and constitute barriers to trade in such products. The existence of such diverse provisions may further dis- courage 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 with- out this being clearly recognisable, such as furs, Omega-3 capsules and oils and leather goods. The measures provided for in this Regulation should there- fore 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.