42 Amendments of Eva ORTIZ VILELLA related to 2013/0141(COD)
Amendment 89 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Amendment 90 #
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 91 #
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 actnnex 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 93 #
Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 3
Article 5 – paragraph 3 – subparagraph 3
Amendment 94 #
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 by amending the scientific name of a pest, where such an amendment is justified by the development of scientific knowledge.
Amendment 95 #
Proposal for a regulation
Article 5 – paragraph 4 – subparagraph 2
Article 5 – paragraph 4 – subparagraph 2
Amendment 96 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
Amendment 98 #
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 119 #
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 1
Article 25 – paragraph 2 – subparagraph 1
As regards priority pests whose presence in one Member state could have impacts for neighbouring Member States, the simulation exercises shallmay be carried out together by the Member States concerned on the basis of their respective contingency plans.
Amendment 120 #
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
Amendment 122 #
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 123 #
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 125 #
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 126 #
Proposal for a regulation
Article 36 – paragraph 1 – point f
Article 36 – paragraph 1 – point f
Amendment 127 #
Proposal for a regulation
Article 37 – paragraph 2 – subparagraph 1
Article 37 – paragraph 2 – subparagraph 1
Amendment 128 #
Proposal for a regulation
Article 37 – paragraph 2 – subparagraph 2
Article 37 – paragraph 2 – subparagraph 2
Amendment 129 #
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 act 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 130 #
Proposal for a regulation
Article 40 – title
Article 40 – title
Amendment 131 #
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 132 #
Proposal for a regulation
Article 40 – paragraph 1 – subparagraph 3 a (new)
Article 40 – paragraph 1 – subparagraph 3 a (new)
The criteria for drawing up the abovementioned list shall be established through the adoption of delegated acts.
Amendment 133 #
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 134 #
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 135 #
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 be introduced into the Union territory from the third country, concerned by that listing.
Amendment 136 #
Proposal for a regulation
Article 41
Article 41
Amendment 137 #
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, with a view to drawing-up the list referred to in Article 40, be empowered to adopt delegated acts in accordance with Article 98 in order to establish the equivalent requirements as referred to in Article 40, on request of a particular third country, if all of the following conditions are fulfilled:
Amendment 138 #
Proposal for a regulation
Article 42 – paragraph 3
Article 42 – paragraph 3
Amendment 139 #
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 out pursuant tolist of plants, plant products and other objects under 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 140 #
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 141 #
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 142 #
Proposal for a regulation
Article 45 – title
Article 45 – title
Amendment 143 #
Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 1 – introductory part
Article 45 – paragraph 1 – subparagraph 1 – introductory part
Amendment 144 #
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 (sealed lorry) and prevents the shipment being split up, hence providing official assurance of risk-free phytosanitary transit through the EU;
Amendment 145 #
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. 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 shall inform the competent authorities of all other Member States through which those plants, plant products or other objects are to be moved prior to being moved out of the Union territory.
Amendment 146 #
Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 1 – point c a (new)
Article 45 – paragraph 1 – subparagraph 1 – point c a (new)
(ca) Plants, plant products and other objects in phytosanitary transit through Union territory from one third country to another must satisfy the plant health requirements under Article 40, without prejudice to other applicable plant health rules.
Amendment 147 #
Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 1 – point c b (new)
Article 45 – paragraph 1 – subparagraph 1 – point c b (new)
(cb) In accordance with subparagraph (ca), 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 (b).
Amendment 148 #
Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 1 – point c c (new)
Article 45 – paragraph 1 – subparagraph 1 – point c c (new)
(cc) Similarly, the competent authority of the Member State from which the goods are moved out of Union territory shall inform the competent authorities of the Member State into which they have been introduced, and the Member State/s through which they have moved, of the fact that the goods have been moved out of Union territory.
Amendment 149 #
Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 2
Article 45 – paragraph 1 – subparagraph 2
Amendment 153 #
Proposal for a regulation
Article 68 – paragraph 1 – subparagraph 2 – point d
Article 68 – paragraph 1 – subparagraph 2 – point d
d) plants, plant products and other objects listed pursuant to Articles 41(1) and (2).0. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout the text.)
Amendment 154 #
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). (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout the text.)
Amendment 178 #
Proposal for a regulation
Annex I a (new)
Annex I a (new)
Amendment 179 #
Proposal for a regulation
Annex I b (new)
Annex I b (new)
Amendment 180 #
Proposal for a regulation
Annex I c (new)
Annex I c (new)