54 Amendments of Sergio GUTIÉRREZ PRIETO related to 2013/0141(COD)
Amendment 98 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Amendment 99 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
That list shall be include the pests listed in Part A of Annex I to Directive 2000/29/EC and Section I of Part A of Annex II to that Directived in Annex Ia.
Amendment 101 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 5
Article 5 – paragraph 2 – subparagraph 5
Amendment 103 #
Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 1
Article 5 – paragraph 3 – subparagraph 1
The Commission shall amend the implementing act referred to in paragraph 2, under the terms of Article 98, be authorised to adopt delegated acts modifying the annex, where an assessment shows that a pest not listed in that actAnnex Ia (new) fulfils the conditions referred to in Article 3(b), (c) and (d) in respect of the Union territory, or a pest listed in that act no longer fulfils one or more of those conditions. In the first case it shall add the pest concerned to the list referred to in paragraph 2, in the second case it shall delete the pest concerned from that list.
Amendment 106 #
Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 3
Article 5 – paragraph 3 – subparagraph 3
Amendment 107 #
Proposal for a regulation
Article 5 – paragraph 4 – subparagraph 1
Article 5 – paragraph 4 – subparagraph 1
The Commission shall amend the implementing act referred to in paragraph 2, by means of a delegated act, amend the list contained in the new Annex Ia by amending the scientific name of a pest, where such an amendment is justified by the development of scientific knowledge.
Amendment 109 #
Proposal for a regulation
Article 5 – paragraph 4 – subparagraph 2
Article 5 – paragraph 4 – subparagraph 2
Amendment 113 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
Amendment 115 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
Where the results of an assessment show that a Union quarantine pest fulfils the conditions referred to in paragraph 1, or a pest no longer fulfils one or more of those conditions, the Commission shall amend the implementing ac, under the terms of Article 98, be authorised to adopt delegated acts modifying the list referred to in the first subparagraph by adding the pest concerned to, or removing it from, that list.
Amendment 117 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 4
Article 6 – paragraph 2 – subparagraph 4
Amendment 121 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 5
Article 6 – paragraph 2 – subparagraph 5
Amendment 124 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 6
Article 6 – paragraph 2 – subparagraph 6
On duly justified imperative grounds of urgency relating to a serious phytosanitary risk, the Commission shall be empowered to adopt immediately applicable implementingdelegated acts, in accordance with the procedure referred to in Article 99(4)8a, listing Union quarantine pests as priority pests.
Amendment 151 #
Proposal for a regulation
Article 25 – paragraph 4 – point a
Article 25 – paragraph 4 – point a
Amendment 152 #
Proposal for a regulation
Article 25 – paragraph 4 – point c
Article 25 – paragraph 4 – point c
c) co-operation between Member States, and of Member States with third countries, as well as pre-shipment inspections carried out in third countries, which shall also be responsible for bearing the cost of those inspections;
Amendment 156 #
Proposal for a regulation
Article 27 – paragraph 1 – subparagraph 1 – introductory part
Article 27 – paragraph 1 – subparagraph 1 – introductory part
The Commission may, by means of implementingshall, under the terms of Article 98, be authorised to adopt delegated acts, to set out measures against specific Union quarantine pests. Those measures shall implement, specifically for each of the pest(s) concerned, one or more of the following provisions:
Amendment 158 #
Proposal for a regulation
Article 27 – paragraph 1 – subparagraph 2
Article 27 – paragraph 1 – subparagraph 2
Amendment 160 #
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Where, as regards a restricted area, the Commission concludes, on the basis of the surveys referred to in Article 18 or other evidence, that the eradication of the Union quarantine pest concerned is not possible, the Commission may adopt implementing acts, as referred to in paragraph 1shall be empowered to adopt delegated acts, in accordance with Article 98, which set out measures with the single purpose of prevention of the spread of those pests out of the areas concerned. Such prevention is referred to as 'containment'.
Amendment 162 #
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
3. In case the Commission concludes that prevention measures in locations outside restricted areas are necessary to protect the part of the Union territory where the Union quarantine pest concerned is not present, the Commission may adopt implementing acts, as referred to in paragraph 1shall be empowered to adopt delegated acts, in accordance with Article 98, setting out such measures.
Amendment 164 #
Proposal for a regulation
Article 27 – paragraph 5
Article 27 – paragraph 5
5. The implementingdelegated acts referred to in paragraph 1 may provide that the measures, referred to in points (a) to (j) of paragraph 1, taken by the Member States are to be repealed or amended. Until a measure has been adopted by the Commission, the Member State may maintain the measures that it has employed.
Amendment 168 #
Proposal for a regulation
Article 27 – paragraph 6
Article 27 – paragraph 6
6. On duly justified imperative grounds of urgency to address a serious phytosanitary risk, the Commission shall adopt immediately applicable implementingdelegated acts in accordance with the procedure referred to in Article 99(4)8a.
Amendment 175 #
Proposal for a regulation
Article 32 – paragraph 1 – subparagraph 1
Article 32 – paragraph 1 – subparagraph 1
Where a quarantine pest is present in the Union territory but not present in the Member State concerned, and is not a Union quarantine pest, the Commission may, upon application of that Member State pursuant to paragraph 4, recognise the territory of that Member State as a protected zone in accordance with paragraph 3.
Amendment 179 #
Proposal for a regulation
Article 36 – paragraph 1 – point f
Article 36 – paragraph 1 – point f
Amendment 180 #
Proposal for a regulation
Article 37 – paragraph 2 – subparagraph 1
Article 37 – paragraph 2 – subparagraph 1
Amendment 183 #
Proposal for a regulation
Article 37 – paragraph 2 – subparagraph 2
Article 37 – paragraph 2 – subparagraph 2
Amendment 184 #
Proposal for a regulation
Article 37 – paragraph 2 – subparagraph 3
Article 37 – paragraph 2 – subparagraph 3
Amendment 185 #
Proposal for a regulation
Article 37 – paragraph 3 – subparagraph 1
Article 37 – paragraph 3 – subparagraph 1
The Commission shall amend the implementing act referred to in paragraph 2list by means of a delegated act, where an assessment shows that a pest not listed in that act fulfils the conditions referred to in Article 36, a pest listed in that implementing actAnnex Ic no longer fulfils one or more of those conditions or where amendments to that list are necessary, as regards categories referred to in paragraph 4 or thresholds referred to in paragraph 5.
Amendment 191 #
Proposal for a regulation
Article 40 – title
Article 40 – title
Amendment 194 #
Proposal for a regulation
Article 40 – paragraph 1 – subparagraph 1
Article 40 – paragraph 1 – subparagraph 1
The Commission shall adopt an implementing act, containing the plants, plant products and other objects, and the prohibiauthorisations and containment measures and the third countries concerned, as set out in Part A of Annex III to Directive 2000/29/EC. The containment measures shall meet special or equivalent requirements.
Amendment 196 #
Proposal for a regulation
Article 40 – paragraph 1 – subparagraph 3 a (new)
Article 40 – paragraph 1 – subparagraph 3 a (new)
The criteria for the drawing up of the abovementioned list shall be established by means of a delegated act in accordance with Article 98.
Amendment 199 #
Proposal for a regulation
Article 40 – paragraph 2 – subparagraph 1
Article 40 – paragraph 2 – subparagraph 1
In case a plant, plant product or other object, originating in or being dispatched from a third country, poses a phytosanitary risk of an unacceptable level by its likelihood to host a Union quarantine pest, and that risk cannot be reduced to an acceptable level by applying one or more of the measures set out in points 2 and 3 of Section 1 of Annex IV on measures and principles for the management of the risks of pests, the Commission shall amend, as appropriate, the implementing act referred to in paragraph 1, to include in it that plant, plant product or other object and the third countries, concerned.
Amendment 201 #
Proposal for a regulation
Article 40 – paragraph 2 – subparagraph 2
Article 40 – paragraph 2 – subparagraph 2
In case a plant, plant product or other object not included in that implementing act does not pose a phytosanitary risk of an unacceptable level, or it poses such a risk but that risk can be reduced to an acceptable level by applying one or more of the measures set out in points 2 and 3 of Section 1 of Annex IV on measures to manage the risks and pathways of quarantine pests, the Commission shall amend that implementing act, as appropriate. , to include in it the plant, plant product or other object and the third country concerned. Those measures, along with those referred to in paragraph 1, are hereinafter referred to as ‘special requirements’. Those measures may take the form of specific requirements, adopted in accordance with Article 42(1), for the introduction into the Union territory of particular plants, plant products or other objects, which are equivalent to special requirements for the movement of those plants, plant products or other objects within the Union territory (hereinafter: 'equivalent requirements').
Amendment 205 #
Proposal for a regulation
Article 40 – paragraph 3
Article 40 – paragraph 3
3. A plant, plant product or other object listed in the implementing act provided for in paragraph 1 shall notmay only be introduced into the Union territory from the third country, concerned by that listing. A plant, plant product or other object listed in the implementing act provided for in paragraph 1 may only be introduced into, or moved within, the Union territory if the special requirements, or equivalent requirements, are fulfilled.
Amendment 213 #
Proposal for a regulation
Article 41
Article 41
Amendment 215 #
Proposal for a regulation
Article 42 – paragraph 1 – introductory part
Article 42 – paragraph 1 – introductory part
1. Equivalent requirements, as referred to in the second subparagraph of Article 41(2) shall be set out, by means of an implementing actThe Commission shall, for the purposes of drawing up the list referred to in Article 40, be empowered pursuant to Article 98 to adopt delegated acts setting out the equivalent requirements referred to in Article 40, on request of a particular third country, if all of the following conditions are fulfilled:
Amendment 218 #
Proposal for a regulation
Article 42 – paragraph 3
Article 42 – paragraph 3
Amendment 219 #
Proposal for a regulation
Article 43 – paragraph 1 – subparagraph 1
Article 43 – paragraph 1 – subparagraph 1
Member States andshall ensure that international transport operators shall make information available to passengers concerning the prohibitions, set outlist of plants, plant products and other objects, drawn up pursuant to Article 40(3), the requirements, set out pursuant to Articles 41(1) and 42(2), and the exemptions, set out pursuant to Article 70(2), as regards the introduction of plants, plant products and other objects into the Union territory.
Amendment 222 #
Proposal for a regulation
Article 43 – paragraph 1 – subparagraph 2
Article 43 – paragraph 1 – subparagraph 2
That information shallmay be provided in the form of posters or brochures, which, where appropriate, shall be made available through the internet.
Amendment 224 #
Proposal for a regulation
Article 44 – paragraph 1 – subparagraph 1 – introductory part
Article 44 – paragraph 1 – subparagraph 1 – introductory part
By way of derogation from Articles 40(3) and 41(3), Member States may authorise the introduction of plants, plant products and other objects into the Union territory, where the plants, plant products and other objects fulfil the following conditions:
Amendment 225 #
Proposal for a regulation
Article 44 – paragraph 1 – subparagraph 1 – point a
Article 44 – paragraph 1 – subparagraph 1 – point a
(a) they are grown or produced in areas of third countries in the vicinity of their land border with Member States (hereinafter: ‘third country frontier zones’);
Amendment 227 #
Proposal for a regulation
Article 45 – title
Article 45 – title
Amendment 229 #
Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 1 – introductory part
Article 45 – paragraph 1 – subparagraph 1 – introductory part
Amendment 232 #
Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 1 – point b
Article 45 – paragraph 1 – subparagraph 1 – point b
(b) they are packed and moved in such a way that there is no risk of spreading of Union quarantine pests during their introduction into, and passing through, the Union territory; , using an officially- approved phytosanitary seal that serves to guarantee the original packaging and means of transport and prevents the shipment being split up, hence providing official assurance of its posing no health risk during its transit through the Union;
Amendment 234 #
Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 1 – point c
Article 45 – paragraph 1 – subparagraph 1 – point c
(c) they are introduced into, passed through and, without delay, moved out of the Union territory under official control by the competent authorities concerned and under the supervision of customs officers.
Amendment 236 #
Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 1 a (new)
Article 45 – paragraph 1 – subparagraph 1 a (new)
Plants, plant products and other objects in phytosanitary transit through Union territory from one third country to another must satisfy plant health requirements pursuant to Article 40, without prejudice to other applicable plant health rules.
Amendment 239 #
Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 1 b (new)
Article 45 – paragraph 1 – subparagraph 1 b (new)
In accordance with the previous paragraph, the competent authority of the Member State where those plants, plant products or other objects are introduced into, or for the first time moved within, the Union territory, must perform the documentary check on that introduction and shall be responsible for the sealing of goods pursuant to subparagraph 1(b).
Amendment 240 #
Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 1 c (new)
Article 45 – paragraph 1 – subparagraph 1 c (new)
Similarly, once the goods have been moved out of Union territory, the competent authority of the Member State from which the goods in transit leave Union territory shall inform the competent authorities of the Member State wherein they entered Union territory and the Member State(s) through which they have moved of this fact.
Amendment 271 #
Proposal for a regulation
Article 68 – paragraph 1 – subparagraph 3
Article 68 – paragraph 1 – subparagraph 3
Points (a) to (d) shall not apply, however, where the act adopted pursuant to Articles 27(1), 29(1) or 41(1) and (2)0 requires proof of compliance in the form of an official mark, as referred to in Article 91(1), or another official attestation, as referred to in Article 93(1).
Amendment 292 #
Proposal for a regulation
Article 100 – paragraph 1
Article 100 – paragraph 1
The Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate to the extent of the financial loss and phytosanitary damage incurred throughout the Union’s territory, and dissuasive.
Amendment 294 #
Proposal for a regulation
Annex 1 a (new)
Annex 1 a (new)
Amendment 297 #
Proposal for a regulation
Annex 1 b (new)
Annex 1 b (new)
Amendment 299 #
Proposal for a regulation
Annex 1 c (new)
Annex 1 c (new)
Amendment 310 #
Proposal for a regulation
Annex 2 – section 2 – paragraph 1 – point a
Annex 2 – section 2 – paragraph 1 – point a
(a) Economic impacts: the pest has the potential to cause major losses in terms of the direct and indirect effects referred to in point (4) of Section I1 for crops with a total annual production value for the Union territory of at least EUR 1 billionin the Union territory.
Amendment 326 #
Proposal for a regulation
Annex 4 – section 1 – paragraph 1 – point 2 – point c
Annex 4 – section 1 – paragraph 1 – point 2 – point c
(c) Surveillance, visual examination, sampling, laboratory testing of plants, plant products and other objects for the presence of quarantine pests, including through subjection to quarantine procedures and pre-shipment inspections in third countries.
Amendment 331 #
Proposal for a regulation
Annex 4 – section 2 – paragraph 1 – point 5 – paragraph 1
Annex 4 – section 2 – paragraph 1 – point 5 – paragraph 1
Measures taken to manage the risk of a pest shall be technically justified on the basis of conclusions reached by using an appropriate risk analysis or, where applicable, another comparable examination and an EFSA supervised evaluation of available scientific information. Those measures should reflect, and, where appropriate, be modified or removed to reflect new or updated risk analysis or relevant scientific information.