145 Amendments of María Auxiliadora CORREA ZAMORA related to 2013/0140(COD)
Amendment 96 #
Proposal for a regulation
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
a) governing food and food safety, at any stage of production, the processing and distribution of food, including rules aimed at guaranteeing commercial quality and fair practices in trade and protecting consumer interests and information, and the manufacture and use of materials and articles intended to come into contact with food;
Amendment 97 #
Proposal for a regulation
Article 1 – paragraph 2 – point d
Article 1 – paragraph 2 – point d
d) laying down animal health requirements, in particular those directly linked to operators' compliance with animal health requirements;
Amendment 100 #
Proposal for a regulation
Article 1 – paragraph 2 – point k (new)
Article 1 – paragraph 2 – point k (new)
ka) laying down requirements on monitoring certain substances and residues thereof in live animals and animal products.
Amendment 102 #
Proposal for a regulation
Article 1 – paragraph 3 – point b
Article 1 – paragraph 3 – point b
Amendment 103 #
Proposal for a regulation
Article 1 – paragraph 4 – point a
Article 1 – paragraph 4 – point a
a) the rules laid down in Regulation (EC) No 1234/2007; on the management of the common organisation of markets, including production and other quotas and intervention. However, this Regulation shall apply to official controls on protected designations of origin and protected geographical indications for wine.
Amendment 105 #
Proposal for a regulation
Article 2 – point 5 – point a
Article 2 – point 5 – point a
a) the central authorities of a Member State responsible for the organisation or implementation of official controls and of other official activities, in accordance with this Regulation and the rules referred to in Article 1(2);
Amendment 106 #
Proposal for a regulation
Article 2 – point 5 – point b
Article 2 – point 5 – point b
b) any other local or regional authority ton which that responsibilitycompetence has been conferred;
Amendment 107 #
Proposal for a regulation
Article 2 – point 6
Article 2 – point 6
6) 'animals' means animals as defined in point (1) of Article 4(1) of Regulation (EU) No XXX/XXXX [Office of Publications, please insert number of the Regulation on animal health], falling within the scope of one or more of the rules referred to in Article 1(2);
Amendment 111 #
Proposal for a regulation
Article 2 – point 22 – point a
Article 2 – point 22 – point a
a) any official ofnatural or legal person officially recognised by the competent authorities and authorised to issue and sign official certificates by such authorities;
Amendment 113 #
Proposal for a regulation
Article 2 – point 22 – point b
Article 2 – point 22 – point b
b) where provided for by the rules referred to in Article 1(2) – any other person, who is authorised to issue and sign official certificates by the competent authorities;
Amendment 114 #
Proposal for a regulation
Article 2 – point 25 a (new)
Article 2 – point 25 a (new)
25a. 'official health attestation' means any seal, mark or other form of attestation issued by the competent authorities or under supervision and providing health assurance concerning compliance with one or more requirements laid down in the rules referred to in Article 1(2);
Amendment 117 #
Proposal for a regulation
Article 2 – point 27
Article 2 – point 27
27) 'consignment' means a number of animals orf the same species or a quantity of goodproducts of the same type, class, or description, covered by the same officialveterinary certificate, official attestation or any other documentr document or other documents provided for by legislation, conveyed by the same means of transport and havcoming from the same origin; it may consist of one or more lotsthird country or part of such country;
Amendment 122 #
Proposal for a regulation
Article 2 – point 28 – point c a (new)
Article 2 – point 28 – point c a (new)
ca) the documentation referred to in points a), b) and c).
Amendment 127 #
Proposal for a regulation
Article 2 – point 46
Article 2 – point 46
46) '‘documentary check'’ means the examination of the official certificates, official attestations and other document(s) including documents of a commercial nature, which are required to accompany the consignment as provided for by the rules referred to in Article 1(2), Article 54(1), or by implementing acts adopted in accordance with Articles 75(3), 125(4), 127(1) and 128(1);
Amendment 128 #
Proposal for a regulation
Article 2 – point 47
Article 2 – point 47
47) 'identity check' means a visual inspection to verify that the content and the labelling of a consignment, including the marks on animals, attestations, seals and means of transport, correspond with the information provided in the official certificates, official attestations and other documents accompanying it;
Amendment 130 #
Proposal for a regulation
Article 2 – point 49
Article 2 – point 49
49) 'transhipment' means the movement of goods subject to the official controls provided for in Article 45(1) which arrive by sea or by air transport from a third country from a vessel or aircraft and are transported under customs supervision to another vessel or aircraft in the same port or airport in preparation for onward travel;
Amendment 131 #
Proposal for a regulation
Article 2 – point 53
Article 2 – point 53
53) 'official detention' means the procedure by which the competent authorities ensure that animals and goods subject to official controls are not moved orprohibit or restrict the movement or transport and, where appropriate, the marketing of animals, products or goods subject to official controls within the framework of this Regulation in order to prevent them from being moved, tampered with or marketed pending a decision on their destination; it includes storage by operators under the control of the competent authorities or by the authorities themselves;
Amendment 134 #
Proposal for a regulation
Article 2 – point 56
Article 2 – point 56
56) 'control plan' means a description established by the competent authorities containing information on the structure and organisation of the official control system, and of its operation and the detailed planning of official controls to be performed in each of the areas referred to in Article 1(2) over a period of time;
Amendment 135 #
Proposal for a regulation
Article 2 – paragraph 1 – point 57 a (new)
Article 2 – paragraph 1 – point 57 a (new)
57a)'commercial quality' means the set of properties and characteristics of a food product that result from the requirements laid down in mandatory provisions regarding the raw materials or ingredients used in its production, the processes used in its production, and the composition and presentation of the end product.
Amendment 140 #
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
5. Member States may confer to the competent authorities referred to in paragraph 1 the responsibility to carry out controls for the verification of compliance with, or for the application of, rules, including those regulating specific risks which may arise from the presence of alien species in the Union, other than those referred to in Article 1(2).
Amendment 147 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. For the purpose of ensuring that the staff of the competent authorities referred to in point (e) of paragraph 1 and in paragraph 2 have the necessary qualifications, skills and knowledge, harmonised across the whole of the EU, the Commission shall be empowered to adopt delegated acts in accordance with Article 139 concerning harmonised rules for the specific qualification and training requirements of such staff, having regard to the scientific and technical knowledge necessary to perform official controls and other official activities in each of the areas referred to in Article 1(2).
Amendment 148 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Competent authorities shall make available the results of the audits referred to in paragraph 1 to the Commission upon justified request.
Amendment 149 #
Proposal for a regulation
Article 7 – title
Article 7 – title
Confidentiality obligations of the staff at the service of the competent authorities
Amendment 152 #
Proposal for a regulation
Article 7 – paragraph 3 – introductory part
Article 7 – paragraph 3 – introductory part
3. Paragraphs 1 and 2 shall not prevent the competent authorities from publishing or making otherwise available to the public information about the outcome of official controls regarding individual operators established on their territory, provided that the following conditions are met:
Amendment 154 #
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. Competent authorities shall perform official controls on all operators regularlyat suitable intervals, oin a risk basis and wiline with the risks that may arise in relation to the appropriate frequencyrea concerned, taking account of:
Amendment 160 #
Proposal for a regulation
Article 8 – paragraph 6 – point b
Article 8 – paragraph 6 – point b
Amendment 162 #
Proposal for a regulation
Article 9 – point a
Article 9 – point a
(a) on animals and goods at all stages of production, processing, placing on the market and distribution;
Amendment 166 #
Proposal for a regulation
Article 10 – paragraph 3 – introductory part
Article 10 – paragraph 3 – introductory part
3. Competent authorities shall be entitled to publish or make otherwise available to the public information about the rating of individual operators established on their territory based on the outcome of official controls, provided that the following conditions are met:
Amendment 173 #
Proposal for a regulation
Article 13 – paragraph 2 – point b – point i
Article 13 – paragraph 2 – point b – point i
(i) primary produceoperators'’ installations and other businesses, including their surroundings, premises, offices, equipment, installations and machinery, transport and their animals and goods;
Amendment 179 #
Proposal for a regulation
Article 14 – paragraph 1 – point d
Article 14 – paragraph 1 – point d
(d) their documents and any other relevant information relating to the official control to be carried out.
Amendment 182 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. During official controls and other official activities, operators shall assist the staff of the competent authorities in the accomplishment of their control tasks.
Amendment 185 #
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
Amendment 189 #
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point a
Article 15 – paragraph 2 – subparagraph 1 – point a
Amendment 190 #
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point b
Article 15 – paragraph 2 – subparagraph 1 – point b
(b) uniform and harmonised specific requirements for the performance of official controls and uniformharmonised minimum frequency of such official controls, having regard, in addition to the criteria referred to in Article 8(1), to the specific hazards and risks which exist in relation to each product of animal origin and the different processes it undergoes;
Amendment 191 #
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point c
Article 15 – paragraph 2 – subparagraph 1 – point c
(c) the cases where and the conditions under which skilled slaughterhouse staff may be involved in official controls, and the design and application of specific tests to assess their performancetechnical capacity;
Amendment 200 #
Proposal for a regulation
Article 18 – title
Article 18 – title
Specific rules on official controls and action to be taken by the competent authorities in relation to the welfare requirements for vertebrate animals
Amendment 205 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 207 #
Proposal for a regulation
Article 18 – paragraph 3 – point d
Article 18 – paragraph 3 – point d
(d) the verification of animal welfare requirements at border control posts and at exit points and the minimum requirements applicable to such exit points;
Amendment 208 #
Proposal for a regulation
Article 18 – paragraph 3 – point f
Article 18 – paragraph 3 – point f
Amendment 214 #
Proposal for a regulation
Article 21 – title
Article 21 – title
Specific rules on official controls and action to be taken by the competent authorities in relation to GMOs and genetically modified food and feed
Amendment 215 #
Proposal for a regulation
Article 21 – paragraph 1 – introductory part
Article 21 – paragraph 1 – introductory part
The Commission shall be empowered to adopt delegated acts in accordance withimplementing acts that shall be adopted in accordance with the examination procedure referred to in Article 13941(2) concerning rules for the performance of official controls on GMOs and genetically modified food and feed performed to verify compliance with the rules referred to in points (a), (b) and (c) of Article 1(2) and on action to be taken by the competent authorities following such official controls. Those delegated acts shall take into account the need to ensure a minimum level of official controls to prevent practices in violation with those rules, and lay down rules on:
Amendment 217 #
Proposal for a regulation
Article 21 – paragraph 1 – point b – introductory part
Article 21 – paragraph 1 – point b – introductory part
(b) uniform specific requirements for the performance of official controls and uniform minimum frequency of such official controls on: the presence on the market of genetically modified food and feed that have not been authorised in accordance with Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC or Regulation (EC) No 1829/2003;
Amendment 229 #
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 2
Article 25 – paragraph 2 – subparagraph 2
The first subparagraph shall not apply to the measures to be taken in accordance with Article 135 or with the rules provided for in point (e) of Article 23(2) and point (e) of Article 23(3) following official controls performed to verify compliance with the rules referred to in points (j) and (k) of Article 1(2).
Amendment 230 #
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
4. Where competent authorities delegate specific official control tasks for the verification of compliance with the rules referred to in points (j) and (k) of Article 1(2) to one or more delegated bodies, they shall attribute a code number to each delegated body and designate authorities responsible for their approval and supervision.
Amendment 232 #
Proposal for a regulation
Article 26 – paragraph 1 – point b – point iv a (new)
Article 26 – paragraph 1 – point b – point iv a (new)
(iva) members of their staff shall be required not to disclose information acquired when undertaking their duties in the context of official controls and other official activities which by its nature is covered by professional secrecy.
Amendment 236 #
Proposal for a regulation
Article 33 – paragraph 2 – introductory part
Article 33 – paragraph 2 – introductory part
2. In the absence of the Union rules referred to in paragraph 1, official laboratories shall preferably use state-of- the-art methods for their specific analytical, testing and diagnostic needs, taking into account:
Amendment 238 #
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 2 – point b – point i
Article 34 – paragraph 1 – subparagraph 2 – point b – point i
(i) that a sufficient number of other samples be taken for a second expert opinion; or, and divided into three parts for the purpose of an initial analysis and, if appropriate, a second expert opinion at the request of the operator, then another final analysis, if there is a discrepancy between the two previous ones;
Amendment 239 #
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 2 – point b – point ii
Article 34 – paragraph 1 – subparagraph 2 – point b – point ii
(ii) where it is not possible to take a sufficient number of samples, that a written recorded be left in the laboratory that the sample was divided and, as referred to in point (i), that an independent second analysis, test or diagnosis on the sample be carried out.
Amendment 240 #
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 2 – point b – point ii a (new)
Article 34 – paragraph 1 – subparagraph 2 – point b – point ii a (new)
(iia) In cases where urgent action needs to be taken, or where, for technical reasons, it would be expedient, the second expert onion shall be carried out automatically by the competent body, after it has notified the operator concerned so that it can attend the expert analysis at the time indicated and the single initial analysis and second expert opinion can be conducted on the parts of the sample provided by the control authority and the operator.
Amendment 242 #
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. In the case of animals and goods offered for sale by means of distance communication, the samples ordered from operators by the competent authorities without identifying themselves may be used for the purposes of an official control, except when the only method of sale is on payment of a fee.
Amendment 243 #
Proposal for a regulation
Article 35 – paragraph 2 – introductory part
Article 35 – paragraph 2 – introductory part
2. Competent authorities, once they are in possession of the samples, shall take all steps to ensure that the operators from whom these samples are ordered in accordance with paragraph 1:
Amendment 245 #
Proposal for a regulation
Article 36 – paragraph 5 a (new)
Article 36 – paragraph 5 a (new)
5a. When competent authorities designate a private laboratory to carry out the laboratory analyses, tests and diagnoses on samples taken during official controls, this designation shall not be considered as a delegation of tasks and therefore need not comply with the provisions of chapter III of this Title.
Amendment 248 #
Proposal for a regulation
Article 38 – paragraph 1 – a (new)
Article 38 – paragraph 1 – a (new)
(1a) If a competent authority does not carry out tests, analyses or specific diagnoses as part of its actions, and has designated the same official laboratory for the same type of test, analysis or diagnosis as another competent authority, it shall not need to organise audits or inspections.
Amendment 258 #
Proposal for a regulation
Article 47 – paragraph 4 – subparagraph 2
Article 47 – paragraph 4 – subparagraph 2
Where such checks are performed on animals or on products of animal origin, they shall be carried out by an official veterinarian or under his supervision.
Amendment 261 #
Proposal for a regulation
Article 49 – paragraph 1 – point b
Article 49 – paragraph 1 – point b
(b) the time limits and modalities for carrying out documentary, identity and physical checks on transhipped consignments, whose final destination is the EU, of the categories of goods referred to in Article 45(1);
Amendment 262 #
Proposal for a regulation
Article 49 – paragraph 1 – point c
Article 49 – paragraph 1 – point c
(c) the cases where and the conditions under which identity and physical checks of transhipped consignments and of animals arriving by air or sea and staying on the same means of transport for onward travel may be performed at a border control post other than the one of first arrival into the Union;
Amendment 263 #
Proposal for a regulation
Article 51 – paragraph 1 – point a
Article 51 – paragraph 1 – point a
a) identity and physical checks on consignments of the categories of animals and goods referred to in Article 45(1) may be performed by competent authorities at border control points other than border control posts provided that those control points comply with the requirements provided for in Article 62(3) and in the implementing acts adopted in accordance with Article 62(4);
Amendment 264 #
Proposal for a regulation
Article 51 – paragraph 1 – point c – point iii a (new)
Article 51 – paragraph 1 – point c – point iii a (new)
iii a) pets travelling with their owners.
Amendment 265 #
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
2. Point (b) of Article 54(2), point (a) of Article 55(2) and Articles 57, 58, 60, 61, 62(3) and (4), shall apply to the border control points referred to in point (a) of paragraph 1.
Amendment 266 #
Proposal for a regulation
Article 53 – paragraph 2 – subparagraph 2
Article 53 – paragraph 2 – subparagraph 2
Decisions on consignments of animals and products of animal origin shall be taken by an official veterinarian or under his supervision.
Amendment 267 #
Proposal for a regulation
Article 53 – paragraph 2 a (new)
Article 53 – paragraph 2 a (new)
2a. These decisions shall be recorded in the Common Health Entry Document referred to in the following articles.
Amendment 268 #
Proposal for a regulation
Article 54 – paragraph 4 – introductory part
Article 54 – paragraph 4 – introductory part
4. The competent authorities of the border control post shall finalise the CHED as soon as:record the decision on the consignment in the Common Health Entry Document as soon as all official controls required by Article 47(1) have been performed.
Amendment 269 #
Proposal for a regulation
Article 54 – paragraph 4 – point a
Article 54 – paragraph 4 – point a
Amendment 270 #
Proposal for a regulation
Article 54 – paragraph 4 – point b
Article 54 – paragraph 4 – point b
Amendment 271 #
Proposal for a regulation
Article 54 – paragraph 4 – point c
Article 54 – paragraph 4 – point c
Amendment 272 #
Proposal for a regulation
Article 56 – paragraph 2
Article 56 – paragraph 2
2. The Commission shall be empowered to adopt delegated acts in accordance with Article 139 concerning rules establishing the cases where and the conditions under which the CHED must accompany consignments of the categories of animals and goods referred to in Article 45(1) to the place of destination. A copy of the CHED shall in any case accompany consignments of the categories of animals and goods referred to in Article 45(1) to the place of destination.
Amendment 273 #
Proposal for a regulation
Article 57 – title
Article 57 – title
Amendment 274 #
Proposal for a regulation
Article 57 – paragraph 2
Article 57 – paragraph 2
2. Member States shall notify the Commission at least three months before designating aof the proposed authorisation of each border control post. That notification shall include all the information necessary for the Commission to verify that the proposed border control post complies with the minimum requirements laid down in Article 62.
Amendment 275 #
Proposal for a regulation
Article 57 – paragraph 3 – point a
Article 57 – paragraph 3 – point a
a) whether the designation of the proposed border control post is dependent upon the favourable outcome of a control performed by Commission experts in accordance with Article 115 in order to verify compliance with the minimum requirements laid down in Article 62, and the date of such a control;
Amendment 276 #
Proposal for a regulation
Article 57 – paragraph 3 – point b
Article 57 – paragraph 3 – point b
b) oif the date of such aMember State has not received any response from the Commission by the end of the three month period, the Member States shall proceed to authorise said border control post.
Amendment 277 #
Proposal for a regulation
Article 57 – paragraph 4
Article 57 – paragraph 4
Amendment 278 #
Proposal for a regulation
Article 62 – paragraph 1
Article 62 – paragraph 1
1. Border control posts shall be located in the immediate vicinity of the point of entry into the Union and in a place that is suitably equipped to be designated by the customs authorities, in accordance with Article 38(1) of Regulation (EEC) No 2913/92.
Amendment 279 #
Proposal for a regulation
Article 63 – paragraph 2
Article 63 – paragraph 2
2. Consignments ofWhere the competent authorities suspect that a consignment contains certain animals and/or goods which arhave not been declared by operators to consist of the categories of animals and goods referred to in Article 45(1), shall be subject to official controls by the competent authorities where there is reason to believe that such categories of animals or goods are present in the consignment, they shall perform the official controls referred to in Article 45(1). 1.
Amendment 280 #
Proposal for a regulation
Article 63 – paragraph 3 – subparagraph 1
Article 63 – paragraph 3 – subparagraph 1
The competent authorities shall placesubject the consignments referred to in paragraphs 1 and 2 underto more stringent checks including necessary sampling and analysis, officially detentionaining them until they obtain the results of the official controls provided for in those paragraphs.
Amendment 281 #
Proposal for a regulation
Article 64 – title
Article 64 – title
Measures to be taken in cases of an attempt to bring non- compliant consignments eintering the Uniono the EU from third countries
Amendment 282 #
Proposal for a regulation
Article 64 – paragraph 1 – subparagraph 1
Article 64 – paragraph 1 – subparagraph 1
Amendment 284 #
Proposal for a regulation
Article 64 – paragraph 1 – subparagraph 2
Article 64 – paragraph 1 – subparagraph 2
As appropriate, any such consignment shall be isolated or quarantined and animals belonging to it shall be kept and treated under appropriate conditions pending any further decision. The special needs of other goods shall also be borne in mind.
Amendment 285 #
Proposal for a regulation
Article 64 – paragraph 3 – introductory part
Article 64 – paragraph 3 – introductory part
3. Having, where possible, heard the operator responsible for the consignment, the competent authorities shall, without delay, order that the operatordecide which of the following courses of action to apply to it:
Amendment 286 #
Proposal for a regulation
Article 65 – title
Article 65 – title
Measures to be taken oin animals or goods entering the Unioncases of an attempt to bring non-compliant consignments into the EU from third countries presenting a risk
Amendment 287 #
Proposal for a regulation
Article 67 – paragraph 1
Article 67 – paragraph 1
1. The operator shall carry out all the measures ordered by the competent authorities in accordance with Article 64 (3) and (5) and 65 without delay and, at the latest, in the case of products, within 60 days from the day on which the competent authorities notified the operator of their decision in accordance with Article 64(4).
Amendment 289 #
Proposal for a regulation
Article 72 – paragraph 1 – point a
Article 72 – paragraph 1 – point a
(a) notify the Commission and the other Member States and operators concerned via the TRACES system, including the measures to be applied, in addition to seeking administrative assistance in accordance with the procedures established in Title IV;
Amendment 290 #
Proposal for a regulation
Article 73 – paragraph 1 a (new)
Article 73 – paragraph 1 a (new)
1a. The customs authorities shall only release those consignments of animals and goods under Article 45 in respect of which the competent authority at the border control post has carried out the official controls provided for in Article 47 and issued a decision recorded in the CHED.
Amendment 292 #
Proposal for a regulation
Article 76 – paragraph 1
Article 76 – paragraph 1
1. Member StatThe competent authorities shall ensure that adequate financial resources are available to provide the staff and other resources necessary for the competent authorities to perform official controls and other official activities.
Amendment 293 #
Proposal for a regulation
Article 76 – paragraph 1 a (new)
Article 76 – paragraph 1 a (new)
1a. The Member States may collect fees deriving from official control activities under the terms of Article 77.
Amendment 294 #
Proposal for a regulation
Article 76 – paragraph 2
Article 76 – paragraph 2
Amendment 295 #
Proposal for a regulation
Article 76 – paragraph 4
Article 76 – paragraph 4
4. Member States shallmay consult the operators concerned on the methods used to calculate the fees provided for in Article 77.
Amendment 296 #
Proposal for a regulation
Article 77 – title
Article 77 – title
Amendment 299 #
Proposal for a regulation
Article 77 – paragraph 1 – introductory part
Article 77 – paragraph 1 – introductory part
1. For the purpose of ensuring that competent authorities are provided with adequate resources for the performance of official controls, the competent authorities shallmay collect fees to recover the costs they incur in relation to:
Amendment 300 #
Proposal for a regulation
Article 77 – paragraph 1 – point b
Article 77 – paragraph 1 – point b
b) the official controls performed in view of the issuance of official certificates or to supervise the issuance of official attestations;
Amendment 302 #
Proposal for a regulation
Article 77 – paragraph 3 – point b
Article 77 – paragraph 3 – point b
b) the official controls referred to in point (a) and (b) of that paragraph shall not include official controls performed to verify compliance with the rules referred to in Article 1(2)(j) and (k). Nevertheless, costs arising from the verification of compliance with PDOs, PGIs and Certificates of Specific Character, or specific standards of organic agriculture, may be borne by the operators covered by these regimes.
Amendment 305 #
Proposal for a regulation
Article 78 – paragraph 1 – introductory part
Article 78 – paragraph 1 – introductory part
1. The competent authorities shallwhich collect fees in accordance with Article 77 shall do so in order to recover the following costs:
Amendment 308 #
Proposal for a regulation
Article 80 – paragraph 1
Article 80 – paragraph 1
Where fees are established in accordance with Article 77 and the necessary financial resources are available and insofar as Article 78 is complied with, when the formula laid down in point (a) of Article 79(1) is used, the rate of the fee towhich may be applied to each operator shallmay be determined taking into account the operators'’ record of compliance with the rules referred to in Article 1(2) as ascertained through official controls, so that fees applied to consistently compliant operators are lower than those applied to other operators.
Amendment 309 #
Proposal for a regulation
Article 81 – paragraph 2
Article 81 – paragraph 2
2. Fees collected in accordance with point (d) of Article 77(1) shall be paid by the operator responsible for the consignment or its representative at the time of its arrival.
Amendment 313 #
Proposal for a regulation
Article 82 – paragraph 2
Article 82 – paragraph 2
2. EMember States levying fees in accordance with Article 77 may exempt enterprises employing fewer than 10 persons and whose annual turnover or annual balance sheet total does not exceed EUR 2 million shall be exempted from the payment of the fees provided for in Article 77insofar as the terms of Article 78 have been met.
Amendment 315 #
Proposal for a regulation
Article 83 – paragraph 2
Article 83 – paragraph 2
Amendment 316 #
Proposal for a regulation
Article 84 – paragraph 1 – introductory part
Article 84 – paragraph 1 – introductory part
Competent authorities shallmay charge fees to cover the additional costs they have incurred as a result of:
Amendment 317 #
Proposal for a regulation
Article 85 – paragraph 1 – point b a (new)
Article 85 – paragraph 1 – point b a (new)
(ba) official health attestations
Amendment 318 #
Proposal for a regulation
Article 85 – paragraph 2
Article 85 – paragraph 2
2. Where the competent authorities delegate specific tasks related to the issuance of official certificates, official attestations or official health attestations, or to the official supervision referred to in Article 90(1) such delegation shall comply with the provisions of Articles 25 to 32.
Amendment 319 #
Proposal for a regulation
Article 86 – paragraph 2
Article 86 – paragraph 2
Amendment 320 #
Proposal for a regulation
Article 87 – paragraph 1
Article 87 – paragraph 1
1. Official certificates shall be issued by the competent authorities or delegated bodies pursuant to Articles 25 to 32.
Amendment 323 #
Proposal for a regulation
Article 91 – paragraph 2 – point b a (new)
Article 91 – paragraph 2 – point b a (new)
(ba) hold a supporting letter from the authority competent in the field in question.
Amendment 324 #
Proposal for a regulation
Article 91 – paragraph 2 a (new)
Article 91 – paragraph 2 a (new)
(2a) The designation of reference laboratories shall be reviewed every five years.
Amendment 325 #
Proposal for a regulation
Article 91 – paragraph 2 b (new)
Article 91 – paragraph 2 b (new)
2b. The Commission may, where it considers appropriate, designate more than one reference laboratory for the same disease and thus promote the rotation of national laboratories meeting the requirements of paragraph 3 of this Article.
Amendment 326 #
Proposal for a regulation
Article 91 – paragraph 3 – point g a (new)
Article 91 – paragraph 3 – point g a (new)
(ga) ensure that their staff respect the confidential nature of certain subjects, results or communications.
Amendment 327 #
Proposal for a regulation
Article 92 – paragraph 2 – point a a (new)
Article 92 – paragraph 2 – point a a (new)
(aa) provide reference material free of charge and for unrestricted use (in respect of animal health, strains and serums) to the national reference laboratories to facilitate the adjustment and harmonization of methods of analysis, testing and diagnosis
Amendment 328 #
Proposal for a regulation
Article 92 – paragraph 2 – point b
Article 92 – paragraph 2 – point b
b) coordinating the application by the national reference laboratories and, if necessary, by other official laboratories of the methods referred to in point (a), in particular, by organising regular inter- laboratory comparative testing and by ensuring appropriate follow-up of such comparative testing in accordance, where available, with internationally accepted protocols; they shall inform the competent authorities of the follow-up and results of such inter-laboratory comparative testing.
Amendment 329 #
Proposal for a regulation
Article 92 – paragraph 2 – point d
Article 92 – paragraph 2 – point d
d) conducting training courses free of charge for the benefit of staff from national reference laboratories and, if needed, fromprovide training course for the staff of other official laboratories, as well as of experts from third countries;
Amendment 331 #
Proposal for a regulation
Article 96 – paragraph 1 – introductory part
Article 96 – paragraph 1 – introductory part
The European Union reference centres designated in accordance with Article 95(1) shall be responsible, in accordance with annual or multiannual work programmes approved by the Commission for the following tasks:carrying out the tasks assigned to them.
Amendment 332 #
Proposal for a regulation
Article 96 – paragraph 1 – point a
Article 96 – paragraph 1 – point a
Amendment 333 #
Proposal for a regulation
Article 96 – paragraph 1 – point b
Article 96 – paragraph 1 – point b
Amendment 334 #
Proposal for a regulation
Article 96 – paragraph 1 – point c
Article 96 – paragraph 1 – point c
Amendment 335 #
Proposal for a regulation
Article 96 – paragraph 1 – point d
Article 96 – paragraph 1 – point d
d) carrying out scientific and technical studies on the welfare of animals used for commercial or scientific purposes;eleted
Amendment 336 #
Proposal for a regulation
Article 96 – paragraph 1 – point e
Article 96 – paragraph 1 – point e
Amendment 337 #
Proposal for a regulation
Article 96 – paragraph 1 – point f
Article 96 – paragraph 1 – point f
Amendment 338 #
Proposal for a regulation
Article 99 – paragraph 1 – point a
Article 99 – paragraph 1 – point a
a) collaborate with the European Union reference laboratories, and may participate in training courses and in inter-laboratory comparative tests organised by these laboratories;
Amendment 339 #
Proposal for a regulation
Article 99 – paragraph 1 – point b
Article 99 – paragraph 1 – point b
b) coordinate the activities of national official laboratories designated in accordance with Article 36(1) with a view of harmonising and improving the methods of laboratory analysis, test or diagnosis and their use;
Amendment 340 #
Proposal for a regulation
Article 99 – paragraph 1 – point c
Article 99 – paragraph 1 – point c
c) where appropriate, organise inter- laboratory comparative tests between national official laboratories, ensure an appropriate follow-up of such tests and inform the competent authorities of the results of such tests and follow-up;;
Amendment 341 #
Proposal for a regulation
Article 99 – paragraph 1 – point d
Article 99 – paragraph 1 – point d
d) ensure the dissemination to the competent authorities and national official laboratories of information that the European Union reference laboratory supplies;
Amendment 343 #
Proposal for a regulation
Article 100 – paragraph 2
Article 100 – paragraph 2
Amendment 344 #
Proposal for a regulation
Article 100 – paragraph 5 a (new)
Article 100 – paragraph 5 a (new)
5a. Communications between competent authorities conducted in accordance with the provisions of this title shall be without prejudice to the provisions of Regulation 16/2011 laying down implementing measures for the Rapid Alert System for Food and Feed (RASFF) regarding communications through the RASFF system.
Amendment 345 #
Proposal for a regulation
Article 101 – paragraph 2
Article 101 – paragraph 2
2. The designation of liaison bodies shall not preclude direct contacts, exchange of information or cooperation between the staff ofAdministrative assistance shall, where appropriate, include the participation of the competent authorities of one Member State in official controls on the ground by the competent authorities in differentof another Member States with the knowledge of the liaison body.
Amendment 346 #
Proposal for a regulation
Article 102 – paragraph 1 – point b
Article 102 – paragraph 1 – point b
b) indicate within ten15 days from the date of receipt of the request, the time necessary to provide an informed response to the request;
Amendment 347 #
Proposal for a regulation
Article 103 – paragraph 2 – point b – introductory part
Article 103 – paragraph 2 – point b – introductory part
b) shall indicate within ten15 working days from the date of receipt of the notification:
Amendment 348 #
Proposal for a regulation
Article 105
Article 105
Amendment 349 #
Proposal for a regulation
Article 107 – paragraph 2 – introductory part
Article 107 – paragraph 2 – introductory part
2. Member States shall designate a singlthe authority or authorities responsible for:
Amendment 350 #
Proposal for a regulation
Article 107 – paragraph 2 – point b
Article 107 – paragraph 2 – point b
b) ensuring that such plan is coherent and consistently implementedmplies with this Regulation.
Amendment 351 #
Proposal for a regulation
Article 108 – paragraph 2 – introductory part
Article 108 – paragraph 2 – introductory part
2. Multi-annual national control plans shall contain general information on the structure and organisation of the systems of official control in the Member State concerned, for each of the sectors concerned and shall contain at least information on the following:
Amendment 352 #
Proposal for a regulation
Article 110
Article 110
Amendment 353 #
Proposal for a regulation
Article 111 – paragraph 1 – introductory part
Article 111 – paragraph 1 – introductory part
With a view to conducting Union wide targeted assessment of the state of application of the rules referred to in Article 1(2) or establishing the prevalence of certain hazards across the Union, the Commission shall be empowered to adopt delegated acts implementing accordance with Article 139ts concerning:
Amendment 354 #
Proposal for a regulation
Article 111 – paragraph 1 a (new)
Article 111 – paragraph 1 a (new)
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 141(2).
Amendment 358 #
Proposal for a regulation
Article 117 – paragraph 2
Article 117 – paragraph 2
2. The Commission may, by means of implementing acts, amend its control programme to take account of developments in the areas governed by the rules referred to in Article 1(2). Any such amendment shall be communicated to the Member States sufficiently well in advance.
Amendment 359 #
Proposal for a regulation
Article 118 – paragraph 1 – point b
Article 118 – paragraph 1 – point b
Amendment 360 #
Proposal for a regulation
Article 123
Article 123
Amendment 361 #
Proposal for a regulation
Article 129 – paragraph 1 – subparagraph 1
Article 129 – paragraph 1 – subparagraph 1
The Commission mayshall organise training activities for the staff of the competent authorities and, where appropriate, for staff of other authorities of the Member States involved in investigations of possible violations of the provisions of this Regulation and of the rules referred to in Article 1(2).
Amendment 362 #
Proposal for a regulation
Article 129 – paragraph 1 – subparagraph 2
Article 129 – paragraph 1 – subparagraph 2
The Commission mayshall organise those activities in cooperation with Member States.
Amendment 364 #
Proposal for a regulation
Article 132 – paragraph 2
Article 132 – paragraph 2
Amendment 365 #
Proposal for a regulation
Article 134 – paragraph 3 – point a
Article 134 – paragraph 3 – point a
a) the performance of intensified official controls on animals, goods and operators for an appropriate period;, depending on the nature of the risk in each case.
Amendment 372 #
Proposal for a regulation
Article 139 – paragraph 2
Article 139 – paragraph 2
2. The delegation of power referred to in Articles 4(3), 15(2), 16, 17, 18(3), 19, 20, 21, 22, 23(1), 24(1), 25(3), 26(2), 40, 43(4), 45(3), 46, 49, 51(1), 52(1) and (2), 56(2), 60(3), 62(2), 69(3), 75(1) and (2), 97(2), 98(6), 99(2), 101(3), 106(3), 110, 111, 114(4) and 125(1), the third subparagraph of Article 132(1), Articles 133, 138(1) and (2), 143(2), 144(3), 151(3), 153(3) and 159(3) shall be conferred for an indeterminate period of time period of seven years from the date of entry into force of this Regulation.
Amendment 373 #
Proposal for a regulation
Article 139 – paragraph 2 a (new)
Article 139 – paragraph 2 a (new)
2a. For the period during which these delegated powers are exercised, it is particularly important for the Commission to engage in appropriate consultations at the preparatory stage including consultations with experts. In drawing up working documents with regard to delegated acts, the Commission shall ensure that the most relevant are forwarded simultaneously to the European Parliament and Council when appropriate.
Amendment 375 #
Proposal for a regulation
Article 141 – paragraph 1
Article 141 – paragraph 1
1. The Commission shall be assisted by the Standing Committee on Plants, Animals, Food and Feed established by Article 58(1) of Regulation (EC) No 178/2002. That Committee is a Committee in the meaning of Regulation (EU) No 182/2011, except under Article 23, which requires the Commission to be assisted by committees set up under Regulation (EC) No 834/2007 on organic production, Regulation (EU) No 1151/2012 regarding DOP, PGI and TSG food product designations, Regulation (EC) No 1234/2007 regarding DOP and PGI wine designations and Regulation (EC) No 110/2008 regarding the geographical indications of spirit drinks.
Amendment 376 #
Proposal for a regulation
Article 141 – paragraph 2 – subparagraph 2 a (new)
Article 141 – paragraph 2 – subparagraph 2 a (new)
Where the committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.
Amendment 377 #
Proposal for a regulation
Article 148 – paragraph 1 – point b
Article 148 – paragraph 1 – point b
Amendment 378 #
Proposal for a regulation
Article 150 – paragraph 1 – point a – point ii
Article 150 – paragraph 1 – point a – point ii
Regulation (EC) No1/2005
Article 2
Article 2
'The definitions of 'competent authorities', 'border control post' and, 'official veterinarian' and 'exit point' laid down in points (5), (29), (32), and (36) of Article 2 of Regulation (EU) No XXX/XXXX [Office of Publications, please insert number of this Regulation]* shall also apply.
Amendment 379 #
Proposal for a regulation
Article 150 – paragraph 1 – point b
Article 150 – paragraph 1 – point b
b) Articles 14, 15, 16, 21, 22(2), 23, 24 and 26 are deleted;
Amendment 381 #
Proposal for a regulation
Article 153 – paragraph 1 – point c – point i
Article 153 – paragraph 1 – point c – point i
Regulation (EC) No 834/207
Article 27
Article 27
'Official controls to verify compliance with this Regulation shall be performed in accordance with Regulation (EC) No 882/2004. The delegated body shall be accredited in accordance with standard EN ISO/IEC 17.065.';.