68 Amendments of Francesca BARRACCIU related to 2013/0136(COD)
Amendment 69 #
Proposal for a regulation
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 13, Article 43(2), Article 114(3) and Article 168(4)(b) thereof,
Amendment 72 #
Proposal for a regulation
Recital 1
Recital 1
(1) The impact of transmissible animal diseases and the measures necessary to control these diseases can be devastating for individual animals, animal populations, animal keepers and the economy.Does not affect English version.)
Amendment 76 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) With a view to making these provisions as clear as possible, and thus ensuring that they are fully and correctly implemented, a criterion and principle for organising the delegated and implemented acts adopted pursuant to this Regulation need to be laid down.
Amendment 94 #
Proposal for a regulation
Recital 30
Recital 30
(30) New hazards associated with certain diseases or species may develop in particular due to changes in the environment, the climate, animal husbandry, farming traditions but also through social changes. S and changes in economic and trade relations inside and outside the Union. Unless they are totally eradicated, diseases currently confined to limited geographical areas could spread and cause economic damage over wider areas. Furthermore, scientific progress may also lead to new knowledge and increased awareness concerning existing diseases. FurthermorAt the same time, diseases and species that are important today may be marginalised in the future. Therefore the scope of this Regulation should be broad and the rules laid down should be focused on diseases with high public relevance. The OIE has, with the support of the European Commission, developed a system of disease prioritisation and categorisation, by producing a study on the "Listing and categorisation of priority animal diseases, including those transmissible to humans"23 and a tool for such an exercise. This Regulation should introduce such an approach in Union legislation. __________________ 23 http://www.oie.int/en/support-to-oie- members/global-studies/categorisation-of- animal-diseases/.
Amendment 96 #
Proposal for a regulation
Recital 31
Recital 31
(31) In order to ensure uniform conditions for the implementation of this Regulation in relation to transmissible animal diseases at Union level, it is necessary to establish a harmonised list of transmissible animal diseases ('listed diseases'). Thuis implementing powers to lay down such a list should be conferred on the CommissionRegulation should thus lay down such a list and empower the Commission to adopt delegated acts amending that list.
Amendment 99 #
Proposal for a regulation
Recital 35
Recital 35
(35) The prevention and control rules of this Regulation for a specific transmissible animal disease should apply to species of animals which can transmit the disease in question, by being susceptible to it or by acting as its vector. In order to ensure uniform conditions for the implementation of this Regulation, it is necessary for it to establish a harmonised list of species to which the measures for specific diseases included in the list of listed diseases should apply at Union level ('listed species') and thus implementing powers to lay down such a list should beo conferred on the Commission delegated powers to amend it.
Amendment 102 #
Proposal for a regulation
Recital 36
Recital 36
(36) Based on the importance and the level of impact of a listed disease, its distribution, prevalence and incidence in the Union, the risk of its spreading and the availability of disease prevention and control measures in respect of that listed disease, a different category of specific disease prevention and control rules provided for in this Regulation should apply coherently and consistently to each listed disease.
Amendment 105 #
Proposal for a regulation
Recital 41
Recital 41
(41) Knowledge of animal health, including of disease symptoms, consequences of diseases and possible means of prevention including biosecurity, treatment and control is a prerequisite for efficient animal health management and essential in ensuring the early detection of animal diseases. Operators and other animal professionals should therefore acquire such knowledge as appropriate. That knowledge may be acquired by different means, for example formal education, but also through the Farm Advisory System existing in the agricultural sector or by informal training to which national and European farmer organisations and other organisations may be valuable contributors. Those alternative means of acquiring such knowledge should also be recognised by this Regulation. The same may also be said of pet keepers, while bearing in mind their different position and level of responsibility.
Amendment 110 #
Proposal for a regulation
Recital 46
Recital 46
(46) The competent authority cannot always perform all the activities required to be carried out by it under this Regulation due to the limited resources. For that reason it is necessary to provide a legal basis for the delegation of the performance of those activities to veterinarians and professional and trade organisations with the necessary qualifications, as laid down by law. In order to ensure that the necessary conditions are laid down for the general application of disease prevention and control measures across the Union, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect to the delegation of the performance of those activities to veterinarians and their appropriate trainingprofessional and trade organisations and to training for veterinarians, as well as to the qualifications that professional and trade organisations must have in order to be delegated this responsibility.
Amendment 113 #
Proposal for a regulation
Recital 49
Recital 49
(49) Early detection and a clear chain of disease notification and reporting are crucial for effective disease control. In order to achieve an efficient and quick response any suspicion or confirmation of an outbreak of certain listed diseases should be immediately notified to the competent authority. At the same time, a professional approach to notification and reporting must be ensured, in order avoid unnecessary health scares. Those notification obligations should therefore be applicable to any natural and legal person in order to ensure that no disease outbreaks remain unnoticedll operators, animal professionals and pet keepers.
Amendment 116 #
Proposal for a regulation
Recital 54
Recital 54
(54) A key purpose of disease notification and reporting is to generate reliable, transparent and accessible epidemiological data. A computerised information system for the effective collection and management of surveillance data should be established at Union level for listed diseases and, when relevant, for emerging diseases or antimicrobial resistant pathogens. That system should promote optimal data availability, facilitation of data exchange, and reduction of administrative burden for the competent authorities of the Member States by merging disease notification and reporting within the Union and at international level into one process (that is the WAHIS/WAHID database of the OIE). Consistency with the exchange of information in accordance with Directive 2003/99/EC24 should also be ensured. __________________ 24 OJ L 325, 12.12.2003, p. 31. OJ L 325, 12.12.2003, p. 31.
Amendment 118 #
Proposal for a regulation
Recital 57
Recital 57
(57) Operators observe their animals on a regular basis and are best positioned to detect abnormal mortalities or other serious disease symptoms. Operators are therefore the cornerstone of any surveillance and essential for the surveillance undertaken by the competent authority. The same may be said of hunters, hunting associations and owners of hunting land, with respect to wild animals.
Amendment 129 #
Proposal for a regulation
Recital 79
Recital 79
(79) Criteria for priority access to the Union antigen, vaccine and diagnostic reagent banks' resources should be established in order to ensure their effective distribution in emergencies. Similarly, for those Member States which have not set up national antigen, vaccine and diagnostic reagent banks or which find that stocks are limited in the Union banks, criteria for access to the resources of other Member States should be established.
Amendment 130 #
Proposal for a regulation
Recital 81
Recital 81
(81) In order to ensure uniform conditions for the management of the Union antigen, vaccine and diagnostic reagent banks, implementing powers should be conferred on the Commission to lay down detailed rules concerning which biological products are to be included in those banks and for which diseases, and detailed rules on the supply, quantities, storage, delivery, procedural and technical requirements for vaccines, antigens and diagnostic reagents and the frequency and content of submissions of information to the Commission. The Commission should also be given implementing powers for the purpose of laying down terms for and regulating exchanges of antigens, vaccines and diagnosis reagents between Member States.
Amendment 134 #
Proposal for a regulation
Recital 87
Recital 87
(87) The occurrence of a listed disease in wild animals may pose a risk to public health and the health of kept animals. This risk is higher in areas where livestock are allowed to roam free. Special rules should therefore be laid down for disease control and eradication measures in wild animals where needed.
Amendment 146 #
Proposal for a regulation
Recital 158
Recital 158
(158) In order to ensure legal certainty as regards the application of rules for identification and registration of animals, disease control measures for certain zoonoses and non-commercial movements of pet animals, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the date on which Regulations (EC) No 1760/2000, (EU) No XXX/XXX [Ex-998/2003] and (EC) No 21/2004 and Directives 92/66/EEC, 2000/75/EC, 2001/89/EC, 2002/60/EC, 2003/85/EC, 2005/94/EC and 2008/71/EC cease to apply.
Amendment 161 #
Proposal for a regulation
Article 4
Article 4
Amendment 178 #
Proposal for a regulation
Article 4 – paragraph 1 – point 20
Article 4 – paragraph 1 – point 20
20) 'risk' means the likelihood of the scientifically demonstrated or demonstrable occurrence and the likely magnitude of the biological and economic consequences of anscientifically proven or provable adverse effect on animal or public health;
Amendment 198 #
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Amendment 200 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
a) the listed diseases set out in Annex Ia to this Regulation;
Amendment 204 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
The Commission shall, by means of implementing acts, establish ae empowered to adopt delegated acts in accordance with Article 253 concerning amendments to the list of listed diseases, as referred to in paragraph 1(a) set out in Annex Ia to this Regulation.
Amendment 208 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2 – point a – introductory part
Article 5 – paragraph 2 – subparagraph 2 – point a – introductory part
a) diseases which are likely to have a significant impact on at least one of the following considerations:
Amendment 209 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2 – point a – point iii
Article 5 – paragraph 2 – subparagraph 2 – point a – point iii
iii) the society in Member States and regions, and, where appropriate, in third countries or territories;
Amendment 211 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 3
Article 5 – paragraph 2 – subparagraph 3
Amendment 213 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 4
Article 5 – paragraph 2 – subparagraph 4
On duly justified imperative grounds of urgency relating to a disease representing an emerging risk of highly significant impact the Commission shall adopt immediately applicable implementingdelegated acts in accordance with the procedure referred to in Article 255(34(1).
Amendment 216 #
Proposal for a regulation
Article 6 – paragraph 1 – point a – point vii
Article 6 – paragraph 1 – point a – point vii
vii) the absence or presence and distribution of the disease in the Union, the risk of its spreading and, where the disease is not present in the Union, the risk of its introduction into the Union;
Amendment 225 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The disease specific rules for listed diseases provided for in this Regulation and the rules adopted pursuant to this Regulation shall apply to listed speciesthe species listed in Annex Ib to this Regulation.
Amendment 226 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
The Commission shall, by means of implementing acts, establish a list of species, as referred to in paragraph 1e empowered to adopt delegated acts in accordance with Article 253 concerning amendments to the list of species set out in Annex Ib to this Regulation.
Amendment 228 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 2 – introductory part
Article 7 – paragraph 2 – subparagraph 2 – introductory part
That list shall comprise those animal species or groups of animal species, which pose a considerable risk for the spread of specific diseases included on the list of listed diseases, taking into account the following criteria:
Amendment 229 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 2 – point a
Article 7 – paragraph 2 – subparagraph 2 – point a
a) the susceptibilityexposure to risk of the animal population at risk;
Amendment 231 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 3
Article 7 – paragraph 2 – subparagraph 3
Amendment 232 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 4
Article 7 – paragraph 2 – subparagraph 4
On duly justified imperative grounds of urgency relating to a disease representing an emerging risk of highly significant impact the Commission shall adopt immediately applicable implementingdelegated acts in accordance with the procedure referred to in Article 255(34(1).
Amendment 282 #
Proposal for a regulation
Article 10 – paragraph 1 – introductory part
Article 10 – paragraph 1 – introductory part
1. Operators and, animal professionals and pet keepers shall acquire knowledge of:
Amendment 292 #
Proposal for a regulation
Article 10 – paragraph 3 – point a
Article 10 – paragraph 3 – point a
a) professional experience or trainingexperience;
Amendment 293 #
Proposal for a regulation
Article 10 – paragraph 3 – point a a (new)
Article 10 – paragraph 3 – point a a (new)
aa) vocational training, provided through national or European programmes by Community or national public authorities and/or by professional organisations and by trade organisations representing aquaculture operators and professionals;
Amendment 320 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Member States shall support operators and, animal professionals and pet keepers in acquiring, maintaining and developing the basic knowledge of animal health provided for in Article 10 through relevant programmes in agricultural or aquaculture sectors or formal education.
Amendment 324 #
Proposal for a regulation
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. Member States shall establish the conditions under which the acquisition, maintenance and development of the basic knowledge of animal health under Article 10 by operators, animal professionals and pet owners can be ensured through training programmes provided by professional and trade organisations.
Amendment 330 #
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. The competent authority may delegate one or more of the following activities to veterinarians or suitably qualified professional and trade organisations:
Amendment 341 #
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1 – point b
Article 13 – paragraph 2 – subparagraph 1 – point b
b) which other activities may be delegated to veterinarians and suitably-qualified professional and trade organisations in addition to those provided for in paragraph 1 of this Article, and under which circumstances and under which conditions;
Amendment 347 #
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1 – point c a (new)
Article 13 – paragraph 2 – subparagraph 1 – point c a (new)
ca) minimum requirements for the training of operators, animal professionals and pet keepers referred to in Article 12(3).
Amendment 353 #
Proposal for a regulation
Article 14
Article 14
Where there are reasonable grounds to suspect that animals or products may present a significant public health risk, the competent authority shall take appropriate steps to inform the general public of the nature of the risk and the measures which are taken or about to be taken to prevent or control that risk, taking into account the nature, seriousness and extent of that risk, the need to avoid spreading panic unnecessarily and the public interest in being informed.
Amendment 355 #
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
The competent authority shall adopt all the necessary measures to inform citizens on the basic principles in the field of preventing the outbreak and spread of animal diseases, with a particular focus on the risk of persons travelling outside the Union bringing disease agents into the Union.
Amendment 358 #
Proposal for a regulation
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
1. Natural and legal personOperators, animal professionals and pet keepers shall immediately notify:
Amendment 370 #
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2a. Member States shall report to the Commission and to the other Member States the information on the emerging diseases referred to in in Article 5(1)(b).
Amendment 371 #
Proposal for a regulation
Article 18 – paragraph 2 b (new)
Article 18 – paragraph 2 b (new)
Amendment 409 #
Proposal for a regulation
Article 27 – paragraph 1 a (new)
Article 27 – paragraph 1 a (new)
1a. Member States establishing surveillance programmes in accordance with paragraph 1 shall ensure and build upon the involvement and participation of operators by promoting projects to ensure broad accountability, dissemination of good practices and joint organisation of surveillance.
Amendment 428 #
Proposal for a regulation
Article 31 – paragraph 1 a (new)
Article 31 – paragraph 1 a (new)
1a. Compulsory eradication programmes and voluntary eradication programmes shall also specify the public authorities and/or private persons involved in their different capacities in programmes and clearly indicate the respective roles and responsibilities in the implementation of the programmes.
Amendment 432 #
Proposal for a regulation
Article 32 – point f a (new)
Article 32 – point f a (new)
(fa) a precise indication of the various public authorities and/or private parties variously involved in the programmes, as well as clear information regarding their respective roles and responsibilities in the implementation thereof.
Amendment 469 #
Proposal for a regulation
Article 52 a (new)
Article 52 a (new)
Article 52a Exchange of antigens, vaccines and diagnostic reagents between Member States 1. Member States that have not set up national banks of antigens, vaccines and diagnostic reagents for listed diseases referred to in Article 8(1)(a) or with limited supplies in Union antigen, vaccine and diagnostic reagent banks may request the necessary organic products referred to in Article 48(1) from other Member States with sufficient supplies. 2. The Commission shall adopt implementing acts in response to cases referred to in paragraph 1, defining in particular the criteria to be met in terms of demand, supply and delivery with regard to organic products and replenishment by the requesting Member State of the supplies of the Member State granting the request. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 255(2).
Amendment 513 #
Proposal for a regulation
Article 70 – paragraph 1 – introductory part
Article 70 – paragraph 1 – introductory part
1. Member States shall adopt legislative and administrative provisions governing collaboration between hunters, their associations and other public or private stakeholders variously involved in hunting activities, in the identification, notification and, where necessary, monitoring of outbreaks or suspected outbreaks of the listed diseases affecting wild animals referred to in Article 8(1)(a). In the event of the suspicion or official confirmation of a listed disease referred to in Article 8(1)(a) in wild animals, the affected Member State shall:
Amendment 549 #
Proposal for a regulation
Article 80 – paragraph 1 – introductory part
Article 80 – paragraph 1 – introductory part
1. Member States shall adopt legislative and administrative provisions governing collaboration between hunters, their associations and other public or private stakeholders variously involved in hunting activities, in the identification, notification and, where necessary, monitoring of outbreaks or suspected outbreaks of the listed diseases affecting wild animals referred to in Article 8(1)(b). In the event of suspicion or official confirmation of a listed disease referred to in Article 8(1)(b) in wild animals, the competent authority of the affected Member State shall:
Amendment 579 #
Proposal for a regulation
Article 94 – paragraph 1
Article 94 – paragraph 1
1. The competent authority shall establish procedures for operators to follow when applying for approval of their establishments in accordance with Articles 89(1), Article 90 and Article 91(1) and deadlines for the on-the-spot inspections referred to in the paragraph below.
Amendment 581 #
Proposal for a regulation
Article 95 – paragraph 1
Article 95 – paragraph 1
1. The competent authority shall keep the approvals of establishments granted in accordance with Articles 92 and 94 under review. The competent authority, based on the risk factor, shall define review frequency or minimum and maximum review deadlines, as well as those instances in which such deadlines cannot be met.
Amendment 583 #
Proposal for a regulation
Article 96 – paragraph 1 – subparagraph 2
Article 96 – paragraph 1 – subparagraph 2
It shall make that register available to the Commission, to other Member States and to the public.
Amendment 659 #
Proposal for a regulation
Article 125
Article 125
Operators shall not move kept terrestrial animals to another Member State, unless the Member State of destination and the Member States of transit gives express authorisation prior to the movement in the event of animals which are intended to be slaughtered for disease eradication purposes as a part of an eradication programme provided for in Article 30(1), (2) and (3).
Amendment 717 #
Proposal for a regulation
Article 182 – paragraph 1
Article 182 – paragraph 1
1. The competent authority shall keep the approvals of establishments granted in accordance with Article 179(1) under review. The competent authority, based on the risk factor, shall define review frequency or minimum and maximum review deadlines, as well as those instances in which such deadlines cannot be met.
Amendment 744 #
Proposal for a regulation
Article 252 – title
Article 252 – title
Amendment to Annexes I, Ia, Ib and II
Amendment 745 #
Proposal for a regulation
Article 253 – paragraph 1
Article 253 – paragraph 1
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. In order to ensure the full accessibility and the correct interpretation and application of the provisions of the delegated acts referred to in paragraph 2 of this article, the Commission is required to specify an organizational criterion to simplify the structure and the number of delegated acts it will adopt.
Amendment 746 #
Proposal for a regulation
Article 253 – paragraph 2
Article 253 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 4(2), 65(2), 6(2), 7(2), 9(2), 11(3), 13(2), 15(2), 16(3), 18(3), 24, 28, 30(4), 31(2), 34(2), 37(5), 39, 41(3), 42(5), 44(1), 47, 48(3), 53(2), 54(3), 55(2), 58(2), 63, 64(4), 67, 68(2), 70(3), 72(2), 73(3), 74(3), 76(2), 79, 80(4), 85(3), 89(3), 92(2), 96(3), 100(1), 103(2), 114, 115, 119(1), 122(2), 128(1), 129(2), 132, 133(2), 134(2), 135(3), 136(4), 137, 141(1), 143(1), 144, 146(4), 148(3), 151(1), 152(2), 154(1), 158, 159(5), 160(3), 162(2), 163(3), 164(3), 165(5), 166(3), 174(3), 179(2), 184(1), 188(1), 191(2), 196(2), 199(3), 200(3), 201(2), 202(2), 203(2), 204(3), 205, 211, 213(1), 214, 216(4), 218(3), 221(1), 222(3), 223(3), 224(5), 225(3), 229(1), 231(3), 233(3), 235, 236(1), 239(4), 240(3), 241(1), 242(2), 243(1), 244(2), 252, 259(2), 260(2) and 261(2) shall be conferred on the Commission for an indeterminate period of timefive years from(*).
Amendment 748 #
Proposal for a regulation
Article 253 – paragraph 2 – subparagraph 1 (new)
Article 253 – paragraph 2 – subparagraph 1 (new)
In the absence of objections by the European Parliament and/or the Council, this period shall be renewed for five years successively.
Amendment 750 #
Proposal for a regulation
Article 253 – paragraph 3 – point 1 (new)
Article 253 – paragraph 3 – point 1 (new)
(1) In the absence of objections by the European Parliament and/or the Council, this period shall be renewed for a further five years successively.
Amendment 764 #
Proposal for a regulation
Article 258 – paragraph 2 – subparagraph 1 – indent 19
Article 258 – paragraph 2 – subparagraph 1 – indent 19
Amendment 773 #
Proposal for a regulation
Article 259 – title
Article 259 – title
Transitional measures related to the repeal of Regulation (EC) No 1760/2000, Regulation (EC) No 21/2004 and Directive 2008/71/EC
Amendment 775 #
Proposal for a regulation
Article 259 – paragraph 1
Article 259 – paragraph 1
1. Notwithstanding Article 258(2) of this Regulation, Regulations (EC) No 1760/2000, and (EC) No 21/2004 and Directive 2008/71/EC shall continue to apply until the date to be determined in a delegated act adopted in accordance with paragraph 2 of this Article.
Amendment 776 #
Proposal for a regulation
Article 259 – paragraph 2 – subparagraph 1
Article 259 – paragraph 2 – subparagraph 1
The Commission shall be empowered to adopt delegated acts in accordance with Article 2523 concerning the date on which the acts referred to in paragraph 1 of this Article shall no longer apply.
Amendment 781 #
Proposal for a regulation
Annex 1 a (new)
Annex 1 a (new)
Amendment 783 #
Proposal for a regulation
Annex 1 b (new)
Annex 1 b (new)
Amendment 784 #
Proposal for a regulation
Annex 3 – point 18
Annex 3 – point 18