BETA

Activities of Horst SCHNELLHARDT related to 2013/0140(COD)

Shadow reports (1)

REPORT on the proposal for a regulation of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health, plant reproductive material, plant protection products and amending Regulations (EC) No 999/2001, 1829/2003, 1831/2003, 1/2005, 396/2005, 834/2007, 1099/2009, 1069/2009, 1107/2009, Regulations (EU) No 1151/2012, [….]/2013 and Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC, 2008/120/EC and 2009/128/EC (Official Controls Regulation) PDF (1 MB) DOC (1 MB)
2016/11/22
Committee: ENVI
Dossiers: 2013/0140(COD)
Documents: PDF(1 MB) DOC(1 MB)

Amendments (173)

Amendment 59 #
Proposal for a regulation
Title
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health, plant reproductive material, plant protection products and amending Regulations (EC) No 999/2001, 1829/2003, 1831/2003, 1/2005, 396/2005, 834/2007, 1099/2009, 1069/2009, 1107/2009, Regulations (EU) No 1151/2012, [….]/2013 [Office of Publications, please insert number of Regulation laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material], and Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC, 2008/120/EC and 2009/128/EC (Official controls Regulation) (Text with EEA relevance)
2013/12/18
Committee: ENVI
Amendment 61 #
Proposal for a regulation
Recital 1
(1) The Treaty requires a high level of human health protection to be ensured in the definition and implementation of all Union policies and activities. The achievement of that objective should, inter alia, be pursued via measures in the veterinary and phytosanitary fields which have as their direct objective the protection of human health.
2013/12/18
Committee: ENVI
Amendment 62 #
Proposal for a regulation
Recital 3
(3) Union legislation provides for a set of harmonised rules to ensure that food and feed are safe and wholesome and that activities which might have an impact on the safety of the food chain or on the protection of consumers interests in relation to food and food information are performed in accordance with specific requirements. Union rules exist also to ensure a high level of human, and animal and plant health and animal welfare along the food chain and in all those areas of activity where a key objective is the fight against the possible spread of animal diseases, in some cases transmissible to humans, or of pests injurious to plants or plant products, and to ensure the protection of the environment from risks that might arise from GMOs and plant protection products. Union rules also guarantee the identity and quality of plant reproductive material. The correct application of those rules, hereinafter collectively referred to as 'Union agri-food chain legislation', contributes to the functioning of the internal market.
2013/12/18
Committee: ENVI
Amendment 63 #
Proposal for a regulation
Recital 4
(4) The basic Union rules with regard to food and feed law are laid down in Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and setting out procedures in matters of food safety10. In addition to those rules, more specific food and feed law covers different areas such as animal nutrition, including medicated feedingstuffs, food and feed hygiene, zoonoses, animal by-products, residues of veterinary medicinal products, contaminants, control and eradication of animal diseases with a human health impact, food and feed labelling, plant protection products, food and feed additives, vitamins, mineral salts, trace elements and other additives, food contact materials, quality and compositional requirements, drinking water, ionisation, and novel foods and genetically modified organisms (GMOs). __________________ 10 OJ L 31, 01.02.02, p. 1.
2013/12/18
Committee: ENVI
Amendment 64 #
Proposal for a regulation
Recital 7
(7) Union legislation on plant health regulates the entry, establishment and spread of pests of plants that do not exist, or are not widely present, in the Union. Its objective is to protect the health of Union crops and of public and private green space and forests while simultaneously safeguarding the Union’s biodiversity and environment and guaranteeing the quality and safety of food and feed made from plants.deleted
2013/12/18
Committee: ENVI
Amendment 66 #
Proposal for a regulation
Recital 8
(8) Union legislation on plant reproductive material regulates the production with a view to placing on the market, and the placing on the market, of plant reproductive material of agricultural, vegetable, forest, fruit and ornamental species and vines. The objective of those rules is to ensure the identity, health and quality of plant reproductive material for its users, and the productivity, diversity, health and quality of the agri-food chain as well as contributing to the protection of biodiversity and the environment.deleted
2013/12/18
Committee: ENVI
Amendment 68 #
Proposal for a regulation
Recital 14
(14) There are a number of provisions in Union agri-food chain legislation, the enforcement of which has not, or has only partially, been governed by Regulation (EC) No 882/2004. In particular, specific official control rules were kept in place in Union legislation on plant reproductive material and in Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/200212. Plant health also largely falls outside the scope of Regulation (EC) No 882/2004 with certain rules on official controls being laid down in Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community13. __________________ 12 13deleted OJ L 300, 14.11.2009, p. 1. OJ L 169, 10.7.2000, p. 1.
2013/12/18
Committee: ENVI
Amendment 70 #
Proposal for a regulation
Recital 16
(16) In order to rationalise and simplify the overall legislative framework, whilst simultaneously pursuing the objective of better regulation, the rules applicable to official controls in specific areas should be integrated into a single legislative framework for official controlshould be more closely integrated, provided that they pursue the same objective with regard to control activities. For that purpose, Regulation (EC) No 882/2004 and other acts currently governing official controls in specific areas should be repealed and replaced by this Regulation.
2013/12/18
Committee: ENVI
Amendment 71 #
Proposal for a regulation
Recital 20
(20) Union agri-food chain legislation entrusts the competent authorities of the Member States with specialised tasks to be carried out for the protection of animal health, plant health and animal welfare, for the protection of the environment in relation to GMOs and plant protection products, and in order to ensure the identity and a high quality of plant reproductive material. Those tasks are the public interest activities which the competent authorities of the Member States must carry out for the purpose of eliminating, containing or reducing risks which may arise for human, or animal or plant health, or animal welfare, or for the environment. Those activities, which include product approval, surveying, surveillance and monitoring including for epidemiologic purposes, and the eradication and containment of diseases, and other disease control tasks, are governed by the same sectoral rules which are enforced through the official controls.
2013/12/18
Committee: ENVI
Amendment 78 #
Proposal for a regulation
Recital 26
(26) The competent authorities should ensure that, with the exception of internal reporting obligations, staff responsible for official controls does not disclose information acquired during the performance of such controls which is covered by professional secrecy. UnlessWhere there is an overriding interest justifying disclosure, professional secrecy should include information which would undermine the purpose of inspections, investigations or audits, the protection of commercial interests and the protection of court proceedings and legal advice. However, professional suspicion of risk to human or animal health or of other serious breaches of food law, the competent authorities should take suitable steps to inform the public. The measures taken should be in proportion to the scale of the infringement, in particular when naming specrecy should not prevent competent authorities from disclosing fific products or operators concerned. Factual information on the outcome of an official controls regarding individual operators may be divulged when the operator concerned has been allowed to comment upon it prior to the disclosure and such comments have been taken into account, or and released alongside and at the same time as the information being divulged by the competent authorities. The need to respect professional secrecy is also without prejudice to the obligation to inform the general public where there are reasonable grounds to suspect that food or feed may present a risk for health in accordance with Article 10 of Regulation (EC) No 178/2002. The obligation for competent authorities to inform the general public in cases where there are reasonable grounds to suspect that a food or feed may present a risk for human or animal health, in accordance with Article 10 of Regulation (EC) No 178/2002, and the right of individuals to the protection of their personal data as provided for in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data16 should not be affected by this Regulation. __________________ 16 OJ L 281, 23.11.95, p. 31. OJ L 281, 23.11.95, p. 31.
2013/12/18
Committee: ENVI
Amendment 79 #
Proposal for a regulation
Recital 28
(28) To preserve the effectiveness of official controls in the verification of compliance, no warning should be given of the timing of the controls prior to performing controls, unless the nature of the official control activities requires otherwise (as is notably the case of audit activities).
2013/12/18
Committee: ENVI
Amendment 81 #
Proposal for a regulation
Recital 34
(34) To facilitate the identification of non- compliances and streamline the taking of corrective action by the operator concerned, the outcome of official controls which identify non-compliances with the rules should be recorded in a report, a. A copy of whichthat report should also be given to the operator. Where official controls require the continuous or regular presence of the staff of the competent authorities to monitor the operator's activities, a report of each individual inspection or visit to the operator would be disproportionate. In such cases reports should be prepared with a frequency that enables the competent authorities and the operator to be regularly informed of the level of compliance and immediately notified of any identified shortcomings. In the interests of reducing the administrative burden, it should also be sufficient to record the outcome of official controls at border control posts in the Common Health Entry Document.
2013/12/18
Committee: ENVI
Amendment 82 #
Proposal for a regulation
Recital 36
(36) This Regulation establishes a single legislative framework for the organisation of official controls to verify compliance with agri-food chain rules in all the areas that such rules cover. In some of those areas, Union legislation lays down detailed requirements to be complied with which require special skills and specific means for the performance of official controls. To avoid diverging enforcement practices which could generate uneven protection of human, and animal and plant health, and animal welfare and, as regards GMOs and plant protection products, of the environment, disrupt the functioning of the internal market for animals and goods falling within the scope of this Regulation and distort competition, the Commission should be able to supplement the rules laid down in this Regulation through the adoption of specific official control rules capable of catering for the needs of controls of those areas. In particular, such rules should lay down specific requirements for the performance of official controls and minimum frequencies for such controls, specific or additional measures to those provided for in this Regulation that competent authorities should take in relation to non-compliances, specific responsibilities and tasks of the competent authorities in addition to those provided for in this Regulation and specific criteria for triggering the administrative assistance mechanisms provided for in this Regulation. In other cases, such additional rules might become necessary in order to provide a more detailed framework for the performance of official controls in relation to food and feed, where new information emerges about risks to human or animal health or, in relation to GMOs and plant protection products to the environment, indicating that in the absence of common specifications for the performance of official controls across the Member States, the controls would fail to deliver the expected level of protection against those risks, as provided for by Union agri-food chain legislation. (This amendment applies throughout.)
2013/12/18
Committee: ENVI
Amendment 84 #
Proposal for a regulation
Recital 38
(38) To ensure the reliability and consistency of official controls and other official activities across the Union, the methods used for sampling and for laboratory analyses, tests and diagnoses should meet state-of-the-art scientific standards, satisfy the specific analytical, testing and diagnostic need of the laboratory concerned, and offer sound and reliable analytical, test and diagnostic results. Clear rules should be established for the choice of the method to be used where more than one is available from different sources, such as the International Organisation for Standardisation (ISO), the European and Mediterranean Plant Protection Organisation (EPPO), the International Plant Protection Convention (IPPC), the World Organisation for Animal Health (OIE), European Union and national reference laboratories, or national rules.
2013/12/18
Committee: ENVI
Amendment 85 #
Proposal for a regulation
Recital 39
(39) Operators whose animals or goods are subject to sampling, analysis, test or diagnosis in the context of official controls should have the right to apply for a second expert opinion which should include the taking of a second sample for the purposes of counter-analysis, counter-test or counter-diagnosis unless any such second sampling is technically impossible or irrelevant. Such would be the case, in particular, where the prevalence of the hazard is particularly low in the animal or good or its distribution particularly sparse or irregular. The IPPC for that reason rejects the use of counter-samples for assessing the presence of quarantine organisms in plants or plant products.
2013/12/18
Committee: ENVI
Amendment 86 #
Proposal for a regulation
Recital 43
(43) In order to ensure flexibility and proportionality of approach, in particular for animal health or plant health laboratories, provision should be made for the adoption of derogations aimed at allowing certain laboratories not to be accredited for all the methods they use. Moreover, accreditation of a laboratory for all the methods it should use as official laboratory might not be immediately available in certain cases where new or recently modified methods should be used, and in cases of emerging risks or in emergency situations. Under certain conditions, official laboratories should therefore be allowed to carry out analyses, tests and diagnoses for the competent authorities before they obtain the relevant accreditation.
2013/12/18
Committee: ENVI
Amendment 87 #
Proposal for a regulation
Recital 45
(45) Given the risks to human, or animal or plant health, or animal welfare or to the environment that certain animals or goods may pose, they should be subject to specific official controls to be performed upon them at their entry into the Union. Current Union rules require the performance of official controls at Union borders to verify that human health, animal health and animal welfare standards applicable to animals, products of animal origin, germinal products and animal by- products are met and that plants and plant products comply with phytosanitary requirements. Increased controls at entry into the Union are also performed on certain other goods where emerging or known risks so warrant. The specificities of such controls, currently governed by the provisions of Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries18, Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC19, Council Directive 2000/29 and Commission Regulation (EC) No 669/2009 implementing Regulation (EC) No 882/2004 of the European Parliament and the Council as regards the increased level of official controls on imports of certain food and feed of non-animal origin and amending Decision 2006/504/EC20, should be provided for in this Regulation. __________________ 18 19 20OJ L 24, 30.1.1998, p. 9. OJ L 24, 30.01.98, p. 9. 19 OJ L 268, 24.9.1991, p. 56. OJ L 268, 24.09.91, p. 56. 20 OJ L 194, 25.7.2009, p. 11. OJ L 194, 25.07.09, p. 11.
2013/12/18
Committee: ENVI
Amendment 89 #
Proposal for a regulation
Recital 54
(54) Member States should be required to ensure that adequate financial resources are always available in order to appropriately staff and equip the competent authorities performing official controls and other official activities. Although operators are primarily responsible for ensuring that their activities are carried out in compliance with Union agri-food chain rules, the system of own controls that they put in place for that purpose needs to be complemented by a dedicated system of official controls maintained by each Member State to ensure effective market surveillance along the agri-food chain. Such a system is, by its very nature, complex and resource demanding and should be provided with a stable influx of resources for official controls, at a level appropriate to the enforcement needs at any given moment. To reduce the dependency of the official control system from public finances, competent authorities should collect feebe able to collect fees or contributions to costs to cover the costs they incur when performing official controls on certain operators and for certain activities for which Union agri-food chain legislation requires registration or approval in accordance with Union rules on the hygiene of food and feed or rules governing plant health and plant reproductive material. Fee. Fees or contributions to costs should also be collected from operators to compensate the costs of official controls performed in view of issuing an official certificate or attestation, and costs of official controls performed by the competent authorities at border control posts.
2013/12/18
Committee: ENVI
Amendment 90 #
Proposal for a regulation
Recital 55
(55) Fees or contributions to costs should cover, but not exceed, the costs incurred by the competent authorities to perform official controls. Such costs should be calculated on the basis of each individual official control or on the basis of allthe official controls performed over a given period of time. Where fees are applied on the basis of the actual cost of individual official controls, oOperators with a good record of compliance should bear lower overall charges than non-compliant ones, as they should be subject to less frequent official controls. In order to promote compliance with Union legislation by all operators irrespective of the method (based on actual costs or on a flat rate) that each Member States will chose for the calculation of the fees, when these are calculated on the basis offinancing method chosen by each Member State, it should be possible for fees or contributions to costs to be calculated so as to reward ovperall costs incurred by the competent authorities over a given period of time, and charged on all operators irrespective of whether they are subject to an official control during the reference period, those fees should be calculated so as to reward operators with a consistent good record of compliance with Union food chain legisltors with a consistent good record of compliance with Union food chain legislation. When setting the fees or contributions to costs, Member States should take account of the particular situation of the operator concerned in relation to risk factors, turnover, production and processing methods and geographical location.
2013/12/18
Committee: ENVI
Amendment 98 #
Proposal for a regulation
Recital 61
(61) For the performance of official controls and other official activities on the production and marketing of plant reproductive material, and in the field of animal welfare, the competent authorities should have access to updated, reliable and consistent technical data, to research findings, new techniques and expertise necessary for the correct application of Union legislation applicable in those areas. For that purpose the Commission should be able to designate, and rely on the expert assistance of, European Union reference centres for plant reproductive material and for animal welfare.
2013/12/18
Committee: ENVI
Amendment 102 #
Proposal for a regulation
Recital 68
(68) Animals and goods from third countries should comply with the same requirements which apply to Union animals and goods, or with requirements which are recognised to be at least equivalent in relation to the objectives pursued by Union agri-food chain rules. This principle is enshrined in Article 11 of Regulation (EC) No 178/2002, which requires that food and feed imported into the Union must comply with the relevant requirements of the Union's food law or with requirements considered to be at least equivalent thereto. Specific requirements to apply that principle are provided for in Union rules on protective measures against pests of plants, which prohibit the introduction into the Union of certain pests which are not present (or only present to a limited extent) in the Union, in Union rules laying down animal health requirements, which allow the entry of animals and of certain products of animal origin into the Union only from third countries which are included in a list set up for that purpose, and in Union rules for the organisation of official controls on products of animal origin intended for human consumption, which also provide for the establishment of a list of third countries from which those products can enter the Union. Concerning plant reproductive material, an equivalence system is in place whereby third countries from which plant reproductive material can be imported are authorised and listed.
2013/12/18
Committee: ENVI
Amendment 103 #
Proposal for a regulation
Recital 69
(69) In order to ensure that animals and goods entering the Union from third countries comply with all the requirements laid down in Union agri-food chain legislation or with requirements considered equivalent, in addition to the requirements established by Union rules on protective measures against pests of plants, Union rules laying down animal health requirements, and Union rules laying down specific hygiene rules for food of animal origin to ensure that the requirements laid down in Union agri-food legislation in relation to phytosanitary and veterinary concerns are met, the Commission should be allowed to establish conditions for the entry of animals and goods into the Union to the extent necessary to ensure that those animals and goods comply with all relevant requirements of Union agri-food chain legislation or equivalent requirements. Such conditions should apply to animals or goods or categories of animals or goods from all third countries or from certain third countries or regions thereof.
2013/12/18
Committee: ENVI
Amendment 104 #
Proposal for a regulation
Recital 73
(73) It is important for the performance of effective official controls and other official activities that the competent authorities in the Member States, the Commission and, where relevant, operators be able to exchange data and information related to official controls or results therefrom rapidly and efficiently. Several information systems are established by Union legislation and managed by the Commission to allow such data and information to be handled and managed through Union wide computerised and internet-based tools. A system dedicated to recording and tracing official control results is the Trade Control and Expert System (TRACES system), ), established by Commission Decision 2003/24/EC of 30 December 2002 concerning the development of an integrated computerised veterinary system21 and currently used for the management of data and information on animals and products of animal origin and official controls thereon. That system should be upgraded so as to allow its use for all goods for which Union agri-food chain legislation establishes specific requirements or official control modalities. Dedicated computerised systems also exist for the rapid exchange of information between Member States and with the Commission on risks which might arise in the food chain or for animal and plant health. Article 50 of Regulation (EC) No 178/2002 establishes the RASFF, and Article 20 of Regulation (EU) XXX/XXXX [Office of Publications, please insert number, date, title and, in a footnote, the OJ reference for the Regulation on animal health] a system for the notification and reporting on the measures on listed diseases, and Article 97 of Regulation (EU) XXX/XXXX [Office of Publications, please insert number, date, title and, in a footnote, the OJ reference for the Regulation on protective measures against pests of plants] a system for the notification and reporting of the presence of pests and the notification of non- compliances. All such systems should work in a harmonious, consistent manner that makes use of synergies between the different systems, avoids duplications, simplifies their operation and makes them more efficient. __________________ 21 OJ L 8, 14.01.03, p. 44.
2013/12/18
Committee: ENVI
Amendment 108 #
Proposal for a regulation
Recital 77 a (new)
(77a) Account should be taken of the specific needs of the developing countries, in particular the least developed countries, who should be given support in organising their official controls so that they can meet the criteria for the import of animals and goods into the EU.
2013/12/18
Committee: ENVI
Amendment 109 #
Proposal for a regulation
Recital 78
(78) This Regulation covers areas that are already covered in certain acts currently in force. To avoid duplications and to establish a coherent legislative framework, the following acts should be repealed and replaced by the rules of this Regulation: Council Directive 89/608/EEC of 21 November 1989 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of legislation on veterinary and zootechnical matters23; Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market24; Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra- Community trade in certain live animals and products with a view to the completion of the internal market25; Council Directive 91/496/EEC; Council Decision 92/438/EEC of 13 July 1992 on computerization of veterinary import procedures (Shift project), amending Directives 90/675/EEC, 91/496/EEC, 91/628/EEC and Decision 90/424/EEC, and repealing Decision 88/192/EEC26; Council Directive 96/23/EC; Council Directive 96/93/EC of 17 December 1996 on the certification of animals and animal products27; Council Directive 97/78/EC; Regulation (EC) No 882/2004; and Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption28. __________________ 23 24 25 26 27 28. __________________ 23 OJ L 351, 21.12.1989, p. 34. O J L 351, 21.12.89, p. 34. 24 OJ L 395, 30.12.1989, p. 13. OJ L 395, 30.12.89, p. 13. 25 OJ L 224, 18.8.1990, p. 29. OJ L 224, 18.08.90, p. 29. 26 OJ L 243, 25.8.1992, p. 27. O J L 243, 25.08.92, p. 27. 27 OJ L 13, 16.01.97, p. 28. OJ L 13, 16.01.97, p. 28. OJ L 139, 30.4.2004, p. 206.
2013/12/18
Committee: ENVI
Amendment 110 #
Proposal for a regulation
Recital 79
(79) In order to ensure consistency, amendments should also be effected to the following acts: Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies29; Council Regulation (EC) No 1/2005 of 22 December 2004 on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) No 1255/9730; Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum levels of pesticides in or on food and feed of plant of animal origin and amending Council Directive 91/414//EEC31; Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) 2092/9132; Regulation (EC) No 1069/2009; Council Regulation (EC) No 1099/2009 of 24 September 2009 on the protection of animals at the time of killing33; Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC34; Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs35; Council Directive 98/58/EC of 20 July 1998 concerning the protection of animals kept for farming purposes36; Council Directive 1999/74/EC of 19 July 1999 laying down minimum standards for the protection of laying hens37; Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed38; Regulation (EC) No 1831/2003 of the European Parliament and the Council of 22 September 2003 on additives for use in animal nutrition39; Council Directive 2007/43/EC of 28 June 2007 laying down minimum rules for the protection of chickens kept for meat production40; Council Directive 2008/119/EC of 18 December 2008 laying down minimum standards for the protection of calves41; Council Directive 2008/120/EC of 18 December 2008 laying down minimum standards for the protection of pigs42; Directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the Community action to achieve the sustainable use of pesticides43. __________________ 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43OJ L 147, 31.5.2001, p. 1. OJ L 147, 31.5.2001, p. 1. 30 OJ L 3, 5.1.2005, p. 1. OJ L 3, 5.1.2005, p. 1. 31 OJ L 70, 16.3.2005, p. 1. OJ L 70, 16.3.2005, p. 1. 32 OJ L 189, 20.7.2007, p. 1. OJ L 189, 20.7.2007, p. 1. 33 OJ L 303, 18.11.2009, p. 1. OJ L 303, 18.11.2009, p. 1. 34 OJ L 309, 24.11.2009, p. 1. OJ L 309, 24.11.2009, p. 1. 35 OJ L 343, 14.12.2012, p. 1. OJ L 343, 14.12.2012, p. 1. 36 OJ L 221, 8.8.1998, p. 23. OJ L 221, 8.8.1998, p. 23. 37 OJ L 203, 3.8.1999, p. 53. OJ L 203, 3.8.1999, p. 53. 38 OJ L 268, 18.10.2003, p. 1. OJ L 268, 18.10.2003, p. 1. 39 OJ L 268, 18.10.2003, p. 29. OJ L 268, 18.10.2003, p. 29. 40 OJ L 812, 12.7.2007, p. 19. OJ L 812, 12.7.2007, p. 19. 41 OJ L 10, 15.1.2009, p. 7. OJ L 10, 15.1.2009, p. 7. 42 OJ L 47, 18.2.2009, p. 5. OJ L 47, 18.2.2009, p. 5. 43 OJ L 309, 24.11.2009, p. 71. OJ L 309, 24.11.2009, p. 71.
2013/12/18
Committee: ENVI
Amendment 118 #
Proposal for a regulation
Article 1 – paragraph 2 – point b
(b) governing the deliberate release into the environment and the contained use of GMOs;deleted
2013/12/18
Committee: ENVI
Amendment 124 #
Proposal for a regulation
Article 1 – paragraph 2 – point e
(e) aiming at preventing and minimising risks to human and animal health arising from animal by-products and derived products;deleted
2013/12/18
Committee: ENVI
Amendment 126 #
Proposal for a regulation
Article 1 – paragraph 2 – point g
(g) on protective measures against pests of plants;deleted
2013/12/18
Committee: ENVI
Amendment 130 #
Proposal for a regulation
Article 1 – paragraph 2 – point h
(h) on the production, with a view to placing on the market, and placing on the market of plant reproductive material;deleted
2013/12/18
Committee: ENVI
Amendment 136 #
Proposal for a regulation
Article 1 – paragraph 2 – point i
(i) laying down requirements for the placing on the market and use of plant protection products and the sustainable use of pesticides;deleted
2013/12/18
Committee: ENVI
Amendment 146 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a
(a) the central authorities of a Member State responsible for the organisation ofing and carrying out official controls and of other official activities, in accordance with such as issuing certificates and attestations, appointing laboratories, exchanging information in the interest of cooperation between authorities, and taking decisions on measures to remedy breaches of this Regulation and the rules referred to in Article 1(2);
2013/12/18
Committee: ENVI
Amendment 150 #
Proposal for a regulation
Article 2 – paragraph 1 – 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] with the exception of ‘pets’;
2013/12/18
Committee: ENVI
Amendment 155 #
Proposal for a regulation
Article 2 – paragraph 1 – point 12
12. 'pests' means pests as defined in Article 1(1) of Regulation (EU) No XXX/XXXX [Office of Publications, please insert number of the Regulation on protective measures against pests of plants];deleted
2013/12/18
Committee: ENVI
Amendment 159 #
Proposal for a regulation
Article 2 – paragraph 1 – point 13
13. 'plants' means plants as defined in point (1) of Article 2 of Regulation (EU) No XXX/XXXX [Office of Publications, please insert number of the Regulation on protective measures against pests of plants];deleted
2013/12/18
Committee: ENVI
Amendment 162 #
Proposal for a regulation
Article 2 – paragraph 1 – point 14
14. 'plant reproductive material' means plant reproductive material as defined in point (2) of Article 3 of Regulation (EU) No XXX/XXXX [Office of Publications, please insert number, date, title and, in a footnote, the OJ reference for the Regulation on the production and making available on the market of plant reproductive material];deleted
2013/12/18
Committee: ENVI
Amendment 166 #
Proposal for a regulation
Article 2 – paragraph 1 – point 15
15. 'plant protection products' means plant protection products as referred to in Article 2(1) of Regulation (EC) No 1107/2009;deleted
2013/12/18
Committee: ENVI
Amendment 168 #
Proposal for a regulation
Article 2 – paragraph 1 – point 16
16. 'alien species' means a species, subspecies or lower taxon, introduced outside its natural past or present distribution and includes any part, gametes, seeds, eggs, or propagules of such species, as well as any hybrids, varieties or breeds, that might survive and subsequently reproduce;deleted
2013/12/18
Committee: ENVI
Amendment 172 #
Proposal for a regulation
Article 2 – paragraph 1 – point 19
19. 'plant products' means plant products as defined in point (2) of Article 2 of Regulation (EU) No XXX/XXXX [Office of Publications, please insert number of the Regulation on protective measures against pests of plants];deleted
2013/12/18
Committee: ENVI
Amendment 190 #
Proposal for a regulation
Article 2 – paragraph 1 – point 30
30. 'audit' means a systematic and independent examination to determine whether activities and the related results of such activities comply with planned arrangements and whether these arrangements are applied effectively and are suitable to achieve objectives;Does not affect English version. Linguistic amendment to German text.
2013/12/18
Committee: ENVI
Amendment 199 #
Proposal for a regulation
Article 2 – paragraph 1 – point 41
41. 'screening' means a form of official control performed by conducting a planned sequence of observations or measurements with a view to obtaining an overview of the state of compliance with this Regulation and the rules referred to in Article 1(2);Does not affect the English version. Linguistic amendment to German text.
2013/12/18
Committee: ENVI
Amendment 201 #
Proposal for a regulation
Article 2 – paragraph 1 – point 42
42. 'targeted screening' means a form of official control involving observation of one or more operators or their activities;Does not affect the English version. Linguistic amendment to German text.
2013/12/18
Committee: ENVI
Amendment 214 #
Proposal for a regulation
Article 2 – paragraph 1 – 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 or tampered with pending a decision on their destination; it includes storage by operators in accordance with the instructions and under the control of the competent authorities;
2013/12/18
Committee: ENVI
Amendment 227 #
Proposal for a regulation
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).
2013/12/18
Committee: ENVI
Amendment 235 #
Proposal for a regulation
Article 4 – paragraph 1 – point b
(b) have arrangements in place to ensure the impartiality, quality and consistencyunity of purpose of official controls and other official activities at all levels;
2013/12/18
Committee: ENVI
Amendment 240 #
Proposal for a regulation
Article 4 – paragraph 1 – point e
(e) have, or have access to, a sufficient number of suitably qualified and experienced staff staff whose qualifications and experience are suitable in the light of the control requirements under Article 1(1) and (2) so that official controls and other official activities can be performed fully, efficiently and effectively;
2013/12/18
Committee: ENVI
Amendment 245 #
Proposal for a regulation
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, the Commission shall be empowered to adopt delegated acts in accordance with Article 139 concerning 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).deleted
2013/12/18
Committee: ENVI
Amendment 253 #
Proposal for a regulation
Article 5 – paragraph 3
3. The Commission may, by means of implementing acts, lay down rulguidelines for the conduct of the audits provided for in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 141 (2).
2013/12/18
Committee: ENVI
Amendment 256 #
Proposal for a regulation
Article 7 – title
Confidentiality obligations of the staff ofTransmission of information by the competent authorities
2013/12/18
Committee: ENVI
Amendment 258 #
Proposal for a regulation
Article 7 – paragraph 1
1. Competent authorities shall require members of their staff not to disclose information acquired, except where required to do so within the authority itself, when undertaking their duties in the context of official controls and other official activities which by its nature is covered by professional secrecy, subject to paragraph 2. The confidentiality requirement covers in particular the following information: - preliminary investigation proceedings or current legal proceedings, - personal data, - documents exempted under Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents, -information protected under national or EU law and relating in particular to the following: confidentiality requirement, confidentiality of deliberations, international relations and national defence.
2013/12/18
Committee: ENVI
Amendment 259 #
Proposal for a regulation
Article 7 – paragraph 2 – introductory part
2. Unless there isIf there is reasonable suspicion of a threat to the health of humans or animals, or any overriding public interest in its disclosure, information covered by professional secrecy as referred to in paragraph 1 shall include information whose disclosure would undermine:ther substantial or repeated infringement of this Regulation, the competent authorities shall take appropriate, reasonable and proportionate measures to inform the public of the nature of the hazard or infringement without prejudice to national or Union rules regarding access to documents. For public disclosure of the names of the products or companies concerned, account shall be taken of the nature, severity and extent of the threat or infringement, as well as the measures to be taken to eliminate the hazard or infringement. Public disclosure by the authority shall only be admissible where other equally effective measures, for example notification by the originator of the hazard or infringement, are not possible or cannot be taken in time to protect legitimate consumer interests. If the suspicion proves unfounded or action is taken to end the infringement, the information publicly disclosed by the competent authorities shall be withdrawn.
2013/12/18
Committee: ENVI
Amendment 261 #
Proposal for a regulation
Article 7 – paragraph 2 – point a
(a) the purpose of inspections, investigations or audits;deleted
2013/12/18
Committee: ENVI
Amendment 262 #
Proposal for a regulation
Article 7 – paragraph 2 – point b
(b) the protection of commercial interests of a natural or legal person;deleted
2013/12/18
Committee: ENVI
Amendment 264 #
Proposal for a regulation
Article 7 – paragraph 2 – point c
(c) the protection of court proceedings and legal advice.deleted
2013/12/18
Committee: ENVI
Amendment 269 #
Proposal for a regulation
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, while taking account of any current preliminary investigations or legal proceedings, provided that the following conditions are met:
2013/12/18
Committee: ENVI
Amendment 275 #
Proposal for a regulation
Article 7 – paragraph 3 – point b
(b) the information which is published or made otherwise available to the public takes into account the comments expressed by the operator concerned or is published or released simultaneously and together with such comments.
2013/12/18
Committee: ENVI
Amendment 281 #
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
1. Competent authorities shall perform official controls on all operatorundertakings regularly, on a risk basis and with appropriate frequency, taking account of:
2013/12/18
Committee: ENVI
Amendment 286 #
Proposal for a regulation
Article 8 – paragraph 1 – point a – point iv
iv) the use of products, processes, materials or substances that may influence food or feed safety, animal health or animal welfare, plant health or plant reproductive material identity and quality, or, in the case of GMOs and plant protection products, may adversely impact on the environment;; (This amendment applies to the entire legislative text.)
2013/12/18
Committee: ENVI
Amendment 293 #
Proposal for a regulation
Article 8 – paragraph 1 – point b
(b) operatorundertakings' past record as regards the results of official controls performed on them and their compliance with the rules referred to in Article 1(2);
2013/12/18
Committee: ENVI
Amendment 300 #
Proposal for a regulation
Article 8 – paragraph 4 – introductory part
4. Official controls shall be performed without prior warning as to when they will take place, except where:
2013/12/18
Committee: ENVI
Amendment 302 #
Proposal for a regulation
Article 8 – paragraph 4 – point a
(a) prior notification of the operator is necessareparatory measures are necessary to ensure that the control can be carried out effectively;
2013/12/18
Committee: ENVI
Amendment 308 #
Proposal for a regulation
Article 8 – paragraph 5
5. Official controls shall be performed as much as possible in a manner that minimises the burden on the operators. the administrative burden and operational disruption for operators is kept to the necessary minimum.
2013/12/18
Committee: ENVI
Amendment 315 #
Proposal for a regulation
Article 9 – title
Persons, processes and, activities, methods and techniques subject to official controls
2013/12/18
Committee: ENVI
Amendment 316 #
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
1. To the extent necessary to ascertain compliance with the rules referred to in Article 1(2), competent authorities shall perform official controls:
2013/12/18
Committee: ENVI
Amendment 325 #
Proposal for a regulation
Article 9 – paragraph 1 a (new)
The competent authorities shall perform the controls referred to in paragraph 1 using control methods and techniques, including observation, targeted observation, verification, inspection, checking, sampling, analysis, diagnosis and tests.
2013/12/18
Committee: ENVI
Amendment 326 #
Proposal for a regulation
Article 9 – paragraph 1 b (new)
The competent authorities shall perform the controls referred to in paragraph 1 using control methods and techniques, including observation, targeted observation, verification, inspection, checking, sampling, analysis, diagnosis and tests.
2013/12/18
Committee: ENVI
Amendment 327 #
Proposal for a regulation
Article 9 – paragraph 1 c (new)
Official controls shall include the following, as appropriate: (a) an examination of the control systems that operators have put in place and of the results obtained; (b) an inspection of: (i) primary producers' installations and other businesses, including their surroundings, premises, offices, equipment, installations and machinery, transport and their animals and goods; (ii) raw materials, ingredients, processing aids and other products used for the preparation and production of goods or for feeding or treating animals; (iii) semi-finished goods; (iv) cleaning and maintenance products and processes ; (v) labelling, presentation and advertising; (c) controls on the hygiene conditions in the operators’ premises; (d) an assessment of procedures on good manufacturing practices (GMP), good hygiene practices (GHP), good farming practices and hazard analysis critical control points (HACCP); (e) an examination of documents and other records which may be relevant to the assessment of compliance with the rules referred to in Article 1(2); (f) interviews with operators and with their staff; (g) a reading of values recorded by operators' measuring instruments; (h) controls performed with the competent authorities' own instruments to verify measurements taken by operators; any other activity required to identify non- compliances.
2013/12/18
Committee: ENVI
Amendment 331 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2 – introductory part
They shall also ensure the regular and timely publication at least once a year of information on the following:
2013/12/18
Committee: ENVI
Amendment 336 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2 – point c
(c) the number of cases where measures were taken by the competent authorities in accordance with Article 135;
2013/12/18
Committee: ENVI
Amendment 338 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2 – point d
(d) the number of cases where the penalties referred to in Article 136 were imposed.
2013/12/18
Committee: ENVI
Amendment 340 #
Proposal for a regulation
Article 10 – paragraph 2
2. To ensure the uniform implementation of the rules provided for in paragraph 1 of this Article, the Commission shall, by means of implementing acts, lay down and update as necessary the format in which the information referred to in that paragraph shall be published. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 141 (2).deleted
2013/12/18
Committee: ENVI
Amendment 354 #
Proposal for a regulation
Article 10 – paragraph 3 – point b a (new)
(ba) measures are taken to ensure that the rating reflects average results from the last four controls at least;
2013/12/18
Committee: ENVI
Amendment 356 #
Proposal for a regulation
Article 10 – paragraph 3 – point b b (new)
(bb) if the ratings are unfavourable, the inspection authorities guarantee prompt subsequent inspections to document as soon as possible the measures taken to end the infringement.
2013/12/18
Committee: ENVI
Amendment 359 #
Proposal for a regulation
Article 10 – paragraph 3 a (new)
3a. To enable rating systems to be compared from one Member State to another, the Commission shall be empowered to adopt a delegated act in accordance with Article 139 laying down guidelines for drawing up rating systems as referred to in paragraph 3, which shall be made available to the Member States.
2013/12/18
Committee: ENVI
Amendment 360 #
Proposal for a regulation
Article 12 – title
Recording of, and reports on, official controls
2013/12/18
Committee: ENVI
Amendment 361 #
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
Competent authorities shall draw upkeep documentary repcortds onf every official control that they perform. They shall draw up reports on controls in which this Regulation or the provisions of Article 1(2) were found to have been infringed.
2013/12/18
Committee: ENVI
Amendment 363 #
Proposal for a regulation
Article 12 – paragraph 3 a (new)
3a. The outcome of official controls performed at a border control post shall be recorded in the Common Health Entry Document in accordance with Article 54(2)(b).
2013/12/18
Committee: ENVI
Amendment 364 #
Proposal for a regulation
Article 13
Article 13 Official controls, methods and techniques 1. Competent authorities shall perform official controls using control methods and techniques that shall, as appropriate, include screening, targeted screening, verification, inspections, audits, sampling, analysis, diagnosis and tests. 2. Official controls shall include the following, as appropriate: (a) an examination of the control systems that operators have put in place and of the results obtained; (b) an inspection of: (i) primary producers’ installations and other businesses, including their surroundings, premises, offices, equipment, installations and machinery, transport and their animals and goods; (ii) raw materials, ingredients, processing aids and other products used for the preparation and production of goods or for feeding or treating animals; (iii) semi-finished goods; (iv) cleaning and maintenance products and processes, plant protection products; (v) labelling, presentation and advertising; (c) controls on the hygiene conditions in the operators’ premises; (d) an assessment of procedures on good manufacturing practices (GMP), good hygiene practices (GHP), good farming practices and hazard analysis critical control points (HACCP); (e) an examination of documents and other records which may be relevant to the assessment of compliance with the rules referred to in Article 1(2); (f) interviews with operators and with their staff; (g) a reading of values recorded by operators’ measuring instruments; (h) controls performed with the competent authorities’ own instruments to verify measurements taken by operators; (i) any other activity required to identify non-compliances.deleted
2013/12/18
Committee: ENVI
Amendment 382 #
Proposal for a regulation
Article 14 – paragraph 1 – point b
(b) their relevant computerised information management systems;
2013/12/18
Committee: ENVI
Amendment 386 #
Proposal for a regulation
Article 14 – paragraph 1 – point d
(d) their relevant documents and any other relevant information and the control subjects listed in Article 9(3).
2013/12/18
Committee: ENVI
Amendment 390 #
Proposal for a regulation
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 tasks. Operators shall supply the competent authorities with sufficient quantities of samples free of charge.
2013/12/18
Committee: ENVI
Amendment 392 #
Proposal for a regulation
Article 14 – paragraph 3 – point b
(b) make available allwithout delay all requested information concerning the consignment on paper or electronically.
2013/12/18
Committee: ENVI
Amendment 398 #
Proposal for a regulation
Article 15 – paragraph 1 – point a
(a) the verification, by or under the responsibility of an official veterinarian, of theto check the identity, health, and welfare of the animals and to test for faecal or other contamination prior to the slaughter;
2013/12/18
Committee: ENVI
Amendment 399 #
Proposal for a regulation
Article 15 – paragraph 1 – point a a (new)
(aa) the verification and analysis of food- chain information;
2013/12/18
Committee: ENVI
Amendment 401 #
Proposal for a regulation
Article 15 – paragraph 1 – point b – point i
(i) the hygiene of meat production, covering at least: - the design and maintenance of premises and equipment; - HACCP-based pre-operational, operational, and post-operational principles, in particular to protect against microbiological, chemical, or physical hazards; - personal hygiene; - training in hygiene and work procedures;
2013/12/18
Committee: ENVI
Amendment 406 #
Proposal for a regulation
Article 15 – paragraph 1 – point b – point iv a (new)
(iva) laboratory testing;
2013/12/18
Committee: ENVI
Amendment 409 #
Proposal for a regulation
Article 15 – paragraph 1 – point b – point iv b (new)
(ivb) supervision of health marking and use of marks;
2013/12/18
Committee: ENVI
Amendment 410 #
Proposal for a regulation
Article 15 – paragraph 1 – point b – point iv c (new)
(ivc) pest control;
2013/12/18
Committee: ENVI
Amendment 411 #
Proposal for a regulation
Article 15 – paragraph 1 – point b – point iv d (new)
(ivd) temperature control;
2013/12/18
Committee: ENVI
Amendment 412 #
Proposal for a regulation
Article 15 – paragraph 1 – point b – point iv e (new)
(ive) water quality;
2013/12/18
Committee: ENVI
Amendment 413 #
Proposal for a regulation
Article 15 – paragraph 1 – point b – point iv f (new)
(ivf) controls on food entering and leaving the establishment and any accompanying documentation;
2013/12/18
Committee: ENVI
Amendment 414 #
Proposal for a regulation
Article 15 – paragraph 1 – point b a (new)
(ba) the determination whether staff and staff activities in the establishment at all stages of the production process comply with the relevant requirements;
2013/12/18
Committee: ENVI
Amendment 416 #
Proposal for a regulation
Article 15 – paragraph 1 – point b b (new)
(bb) the verification of the operator’s relevant records.
2013/12/18
Committee: ENVI
Amendment 417 #
Proposal for a regulation
Article 15 – paragraph 1 b (new)
1b. After carrying out the controls specified in paragraph 1, the official veterinarian shall take appropriate measures as regards: - the communication of inspection findings; - decisions concerning food-chain information; - decisions concerning live animals; - decisions concerning animal welfare; and - decisions concerning meat.
2013/12/18
Committee: ENVI
Amendment 419 #
Proposal for a regulation
Article 15 – paragraph 1 b a (new)
1ba. Official auxiliaries may assist the official veterinarian with official controls. In that event, they shall work as part of an independent team. The Commission shall be empowered to adopt delegated acts in accordance with Article 139 concerning specific rules and restrictions applying to official auxiliaries assisting the official veterinarian with given tasks.
2013/12/18
Committee: ENVI
Amendment 421 #
Proposal for a regulation
Article 15 – paragraph 1 b b (new)
1bb. Member States may allow slaughterhouse staff to assist with official controls by carrying out given tasks, under the supervision of the official veterinarian, related to the production of meat from poultry and lagomorphs. If they do so, they shall ensure that staff carrying out such tasks: - have the necessary qualifications and undergo appropriate training in accordance with the provisions laid down; - act independently from production staff; and - report any deficiency to the official veterinarian. The Commission shall be empowered to adopt delegated acts in accordance with Article 139 setting out the specific conditions under which slaughterhouse staff may carry out tasks related to the control of poultrymeat and hare meat production and laying down the design and application of performance assessment tests.
2013/12/18
Committee: ENVI
Amendment 424 #
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – introductory part
The Commission shall be empowered to adopt further delegated acts in accordance with Article 139 concerning specific rules for the performance of official controls on products of animal origin intended for human consumption and on animals intended for the production of such products to verify compliance with the rules referred to in points (a), (c), (d) and (e) of Article 1(2) applicable to those products and animals, and on action to be taken by the competent authorities following official controls. Delegated acts shall allow for the particular circumstances of small businesses and include measures to facilitate the application of HACCP principles in accordance with Article 5 of Regulation (EC) No 852/2004. Those delegated acts shall lay down rules on:
2013/12/18
Committee: ENVI
Amendment 425 #
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point a
(a) the specific responsibilities and tasks of the competent authorities, in addition to those provided for in paragraph 1 and Articles 4, 8, 9, 10(1), 11, 12, 13,and 34(1) and (2), and 36;
2013/12/18
Committee: ENVI
Amendment 429 #
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point c
(c) the cases where and the conditions under which slaughterhouse staff may be involved in official controls, and the design and application of tests to assess their performance;deleted
2013/12/18
Committee: ENVI
Amendment 434 #
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point d
(d) the cases where the competent authorities in relation to specific non- compliances are to take one or more of the measures referred to in Article 135(2) or additional measures to those provided for in that paragraph;deleted
2013/12/18
Committee: ENVI
Amendment 435 #
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point e
(e) criteria to determine when, on the basis of a risk analysis, the official veterinarian is not required to be present in slaughterhouses and game handling establishments during the official controls referred to in paragraph 1.deleted
2013/12/18
Committee: ENVI
Amendment 441 #
Proposal for a regulation
Article 15 – paragraph 3 – point a
(a) the experience gained by the competent authorities and food business operators oin the application of the procedures referred to in Article 5 of Regulation (EC) No 852/2004 of the European Parliament and of the Council48; __________________ 48 OJ L 139, 30.4.2004, p. 1.
2013/12/18
Committee: ENVI
Amendment 442 #
Proposal for a regulation
Article 15 – paragraph 3 – point c
(c) consumer expectations with regard to food composition and changes in patterns of consumption of food;deleted
2013/12/18
Committee: ENVI
Amendment 445 #
Proposal for a regulation
Article 15 – paragraph 4 – point a
(a) the need to facilitate the application of the delegated acts in small businesses;deleted
2013/12/18
Committee: ENVI
Amendment 449 #
Proposal for a regulation
Article 17 – title
Specific rules on official controls and on action to be taken by the competent authorities in relation to animals, products of animal origin, and germinal products, animal by-products and derived products
2013/12/18
Committee: ENVI
Amendment 450 #
Proposal for a regulation
Article 17 – paragraph -1 a (new)
Official controls in relation to animals shall include: - the verification of measures for protection against biological and chemical hazards to human and animal health; - the verification of animal welfare measures, without prejudice to the provisions of Article 18; - the verification of disease control or eradication measures.
2013/12/18
Committee: ENVI
Amendment 451 #
Proposal for a regulation
Article 17 – paragraph -1 (new)
Official controls in relation to products of animal origin shall include: - the verification of safety and hygiene; - the verification of labelling and packaging.
2013/12/18
Committee: ENVI
Amendment 453 #
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
The Commission shall be empowered to adopt delegated acts in accordance with Article 139 concerning rules for the performance of official controls on animals, on products of animal origin, on germinal products, on animal by-products and on derived products to verify compliance with the Union rules referred to in points (d) and (e) of Article 1(2) and on action to be taken by the competent authorities following official controls. Those delegated acts shall take account of animal health risks related to animals, products of animal origin and germinal products, and of human and animal health risks related to animal by-products and derived products, and lay down rules on:
2013/12/18
Committee: ENVI
Amendment 454 #
Proposal for a regulation
Article 17 – paragraph 1 – point a
(a) the specific responsibilities and tasks of the competent authorities, in addition to those provided for in Articles 4, 8, 9, 10(1), 11, 12, 13,and 34(1) and (2) and 36;
2013/12/18
Committee: ENVI
Amendment 470 #
Proposal for a regulation
Article 19
Article 19 Specific rules on official controls and action to be taken by the competent authorities in relation to plant health The Commission shall be empowered to adopt delegated acts in accordance with Article 139 concerning rules for the performance of official controls on plants, plant products and other objects in order to verify compliance with Union rules referred to in point (g) of Article 1(2) applicable to such goods and on action to be taken by the competent authorities following such official controls. Those delegated acts shall take account of plant health risks associated with plants, plant products and other objects in relation to specific pests of plants or operators and lay down rules on: (a) the specific responsibilities and tasks of the competent authorities, in addition to those provided for in Articles 4, 8, 9, 10(1), 11, 12, 13, 34(1) and (2) and 36; (b) uniform specific requirements for the performance of official controls on the introduction into and movement in the Union of particular plants, plant products and other objects subject to the rules referred to in point (g) of Article 1(2) and uniform minimum frequencies of such official controls having regard, in addition to the criteria referred to in Article 8(1), to the specific hazards and risks to plant health in relation to specific plants, plant products and other objects of a particular origin or provenance; (c) uniform frequencies of official controls performed by competent authorities on operators authorised to issue plant passports in accordance with Article 79(1) of Regulation (EU) No XXX/XXXX [Office of Publications, please insert number of the Regulation on protective measures against pests of plants] having regard, in addition to the criteria referred to in article 8(1), to whether those operators have implemented a phytosanitary risk management plan as referred to in Article 86 of Regulation (EU) No XXX/XXXX [Office of Publications, please insert number of the Regulation on protective measures against pests of plants] for the plants, plant products and other objects they produce; (d) the cases where the competent authorities in relation to specific non- compliances are to take one or more of the measures referred to in Article 135(2) or additional measures to those provided for in that paragraph.deleted
2013/12/19
Committee: ENVI
Amendment 475 #
Proposal for a regulation
Article 20
Article 20 Specific rules on official controls and action to be taken by the competent authorities in relation to plant reproductive material The Commission shall be empowered to adopt delegated acts in accordance with Article 139 concerning rules for the performance of official controls on plant reproductive material in order to verify compliance with the rules referred to in point (h) of Article 1(2) applicable to such goods and on action to be taken by the competent authorities following such official controls. Those delegated acts shall lay down rules on: (a) the specific responsibilities and tasks of the competent authorities, in addition to those provided for in Articles 4, 8, 9, 10(1), 11, 12, 13, 34(1) and (2) and 36; (b) uniform specific requirements for the performance of official controls having regard, in addition to the criteria referred to in Article 8(1), to the risks to the health, identity, quality and traceability of certain categories of plant reproductive material or of specific genera or species; (c) specific criteria and conditions for the activation of the mechanisms of administrative assistance provided for in Title IV; (d) the cases where the competent authorities in relation to specific non- compliances are to take one or more of the measures referred to in Article 135(2) or additional measures to those provided for in that paragraph.deleted
2013/12/19
Committee: ENVI
Amendment 480 #
Proposal for a regulation
Article 21
Article 21 Specific rules on official controls and action to be taken by the competent authorities in relation to GMOs and genetically modified food and feed The Commission shall be empowered to adopt delegated acts in accordance with Article 139 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: (a) the specific responsibilities and tasks of the competent authorities, in addition to those provided for in Articles 4, 8, 9, 10(1), 11, 12, 13, 34(1) and (2) and 36; (b) uniform specific requirements for the performance of official controls and uniform minimum frequency of such official controls on: (i) the presence on the market of GMOs and of genetically modified food and feed which have not been authorised in accordance with Directive 2001/18/EC of the European Parliament and 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; (ii) the cultivation of GMOs and the correct application of the monitoring plan referred to in point (e) of Article 13(2) of Directive 2001/18/EC and in Articles 5(5) and 17(5) of Regulation (EC) 1829/2003; (iii) the contained use of genetically modified microorganisms; (c) the cases where the competent authorities in relation to specific non- compliances are to take one or more of the measures referred to in Article 135(2) or additional measures to those provided for in that paragraph. __________________ 49 OJ. L 106, 17.4.2001, p. 1.deleted
2013/12/19
Committee: ENVI
Amendment 489 #
Proposal for a regulation
Article 22
Article 22 Specific rules on official controls and on action to be taken by the competent authorities in relation to plant protection products The Commission shall be empowered to adopt delegated acts in accordance with Article 139 concerning rules for the performance of official controls to verify compliance with the rules referred to in Article 1(2)(i). Those delegated acts shall take into account the risks that plant protection products may represent for human health, animal health or the environment, and shall lay down rules on: (a) the specific responsibilities and tasks of the competent authorities, in addition to those provided for in Articles 4, 8, 9, 10(1), 11, 12, 13, 34(1) and (2) and 36; (b) uniform specific requirements for the performance of official controls and uniform minimum frequency of such official controls, concerning the manufacture, placing on the market, entry into the Union, labelling, packaging, transport, storage and use of plant protection products, having regard, in addition to the criteria referred to in Article 8(1), to the need to ensure the safe and sustainable use of plant protection products and to combat illegal trade of such products; (c) uniform specific requirements for inspections on pesticide application equipment and uniform minimum frequency of such controls; (d) the cases where the competent authorities in relation to specific non- compliances are to take one or more of the measures referred to in Article 135(2) or additional measures to those provided for in that paragraph; (e) the design of certification systems to assist the competent authorities in the inspections of pesticide application equipment; (f) the collection of information, monitoring and reporting on suspected poisonings from plant protection products; (g) the collection of information, and the monitoring of and reporting on counterfeited plant protection products and illegal trade of plant protection products.deleted
2013/12/19
Committee: ENVI
Amendment 550 #
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 1
The competent authorities shall ensure that operators, whose animals or goods are subject to sampling, analysis, test or diagnosis in the context of official controls, have the right to apply for a second expert opinion, where this is relevant and technically feasible.
2013/12/19
Committee: ENVI
Amendment 553 #
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 2 – point b – introductory part
(b) where relevant and technically feasible, having regard in particular to the prevalence and distribution of the hazard in the animals or goods, to the perishability of the samples or the goods and to the amount of available substrate, shall entitle the operator to request and oblige the competent authorities to ensure:
2013/12/19
Committee: ENVI
Amendment 554 #
Proposal for a regulation
Article 34 – paragraph 1 a (new)
1a. Samples shall be handled and labelled in such a way as to guarantee their legal and technical validity.
2013/12/19
Committee: ENVI
Amendment 586 #
Proposal for a regulation
Article 45 – paragraph 1 – point c
(c) plants, plant products, and other objects and materials capable of harbouring or spreading pests of plants as referred to in the lists established pursuant to Articles 68(1) and 69(1) of Regulation (EU) No XXX/XXXX [Office of Publications, please insert number of the Regulation on protective measures against pests of plants];deleted
2013/12/19
Committee: ENVI
Amendment 591 #
Proposal for a regulation
Article 45 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 139 concerning amendments of the categories of consignments referred to in paragraph 1, to include other products which may give rise to risks to human, and animal or plant health or, as regards GMOs and plant protection products, to the environmenthealth or animal welfare.
2013/12/19
Committee: ENVI
Amendment 600 #
Proposal for a regulation
Article 47 – paragraph 4 – subparagraph 1
Physical checks to verify compliance with animal health and welfare requirements or with plant health requirements laid down in the rules referred to in Article 1(2) shall be performed by, or under the supervision of, staff possessing appropriate qualifications in veterinary or phytosanitary matters respectivelymatters, designated by the competent authorities for that purpose.
2013/12/19
Committee: ENVI
Amendment 617 #
Proposal for a regulation
Article 53 – paragraph 2 – subparagraph 1
Decisions taken following a physical check to verify compliance with animal health and welfare requirements or with plant health requirements shall be taken by staff possessing appropriate qualifications in veterinary or phytosanitary matters respectivelymatters, and designated by the competent authorities for that purpose.
2013/12/19
Committee: ENVI
Amendment 638 #
Proposal for a regulation
Article 61 – paragraph 1
1. A Member State shall immediately suspend the designation of a border control post and order its activities to be stopped, for all or for certain categories of animals and goods for which the designation was made, in cases where such activities may result in a risk to human, or animal or plant health, or animal welfare or, as regards GMOs and plant protection products, to the environment.
2013/12/19
Committee: ENVI
Amendment 659 #
Proposal for a regulation
Article 65 – paragraph 1
Where official controls indicate that a consignment of animals or goods presents a risk to human, or animal or plant health, or animal welfare or, as regards GMOs and plant protection products, to the environment, such consignment shall be isolated or quarantined and animals belonging to it shall be kept and treated under appropriate conditions pending any further decision.
2013/12/19
Committee: ENVI
Amendment 662 #
Proposal for a regulation
Article 65 – paragraph 2 – point a
(a) order that the operator destroy the consignment in compliance, where appropriate, with the rules referred to in Article 1(2), taking all the measures necessary to protect human, or animal or plant health, or animal welfare or the environment; or
2013/12/19
Committee: ENVI
Amendment 667 #
Proposal for a regulation
Article 66 – paragraph 2 – subparagraph 1
The competent authorities in the Member State where the official controls were performed shall supervise the application of the measures ordered pursuant to Article 64(3) and (5) and Article 65 to ensure that the consignment does not give rise to adverse effects on human, or animal or plant health, or animal welfare, or the environment, during or pending the application of those measures.
2013/12/19
Committee: ENVI
Amendment 671 #
Proposal for a regulation
Article 67 – paragraph 2 – point b
(b) in the cases referred to in Article 65, that the consignment be destroyed in suitable facilities located as close as possible to the border control post, taking all measures necessary to protect human, or animal or plant health, or animal welfare or the environment.
2013/12/19
Committee: ENVI
Amendment 693 #
Proposal for a regulation
Article 75 – paragraph 1 – point d
(d) wood packaging material;deleted
2013/12/19
Committee: ENVI
Amendment 697 #
Proposal for a regulation
Article 75 – paragraph 1 – point h
(h) consignments of the categories of animals and goods referred to in points (a), (b) and (cb) of Article 45(1) originating from, and returning to, the Union following a refusal of entry by a third country;
2013/12/19
Committee: ENVI
Amendment 704 #
Proposal for a regulation
Article 76 – paragraph 1
1. Member States 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. With that aim in view they may collect fees or contributions to costs or make resources available from general tax revenue.
2013/12/19
Committee: ENVI
Amendment 708 #
Proposal for a regulation
Article 76 – paragraph 2
2. In addition to the fees coldelected in accordance with Article 77, Member States may collect fees to cover costs occasioned by official controls other than those referred to in Article 77(1) and (2).
2013/12/19
Committee: ENVI
Amendment 716 #
Proposal for a regulation
Article 76 – paragraph 4
4. Member States shall consult the operators concerned on the methods used to calculate the fees or contributions to costs provided for in Article 77.
2013/12/19
Committee: ENVI
Amendment 717 #
Proposal for a regulation
Article 77 – title
Mandatory feeFees or contributions to costs
2013/12/19
Committee: ENVI
Amendment 722 #
Proposal for a regulation
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 or contributions to costs to recover the costs they incur in relation to:
2013/12/19
Committee: ENVI
Amendment 752 #
Proposal for a regulation
Article 78 – paragraph 1 – introductory part
1. The competent authorities shallmay collect fees or contributions to costs in accordance with Article 77 to recover the following costs:
2013/12/19
Committee: ENVI
Amendment 758 #
Proposal for a regulation
Article 78 – paragraph 1 – point a
(a) the salaries of the staff, including support staff, involved in the performance of official controls, shall not include their social security, pension and insurance costs;
2013/12/19
Committee: ENVI
Amendment 759 #
Proposal for a regulation
Article 78 – paragraph 1 – point b
(b) the cost of facilities and equipment, including maintenance and insurance costs;deleted
2013/12/19
Committee: ENVI
Amendment 763 #
Proposal for a regulation
Article 78 – paragraph 1 – point d
(d) the cost of training of staff referred to in point (a), with the exclusion of the training necessary to obtain the qualification necessary to be employed by the competent authorities;deleted
2013/12/19
Committee: ENVI
Amendment 776 #
Proposal for a regulation
Article 79 – title
Calculation of fees or contributions to costs
2013/12/19
Committee: ENVI
Amendment 779 #
Proposal for a regulation
Article 79 – paragraph 1 – introductory part
1. Fees or contributions to costs collected in accordance with Article 77 shall be: levied taking into account: - the nature of the undertaking concerned and the associated risk factors; - the interests of undertakings with small turnovers; - traditional methods of production, processing and marketing; the needs of undertakings situated in regions that are subject to special geographic constraints.
2013/12/19
Committee: ENVI
Amendment 782 #
Proposal for a regulation
Article 79 – paragraph 1 – point -a a (new)
(-aa) The fees or contributions to costs collected shall be set pursuant to Article 78 in accordance with the costs borne by the competent authorities over a given period. Individual cost elements may be calculated on a flat-rate basis at the discretion of the competent authority and after informing the public.
2013/12/19
Committee: ENVI
Amendment 783 #
Proposal for a regulation
Article 79 – paragraph 1 – point a
(a) established at a flat-rate on the basis of the overall costs of official controls borne by the competent authorities over a given period of time, and applied to all operators irrespective of whether any official control is performed during the reference period in relation to each operator charged; in establishing the level of the fees to be charged on each sector, activity and category of operators, the competent authorities shall take into consideration the impact that the type and the size of the activity concerned and the relevant risk factors have on the distribution of the overall costs of those official controls; ordeleted
2013/12/19
Committee: ENVI
Amendment 787 #
Proposal for a regulation
Article 79 – paragraph 1 – point b
(b) calculated on the basis of the actual costs of each individual official control, and applied to the operators subject to such official control; such fee shall not exceed the actual costs of the official control performed and may be partly or entirely expressed as a function of the time employed by the staff of the competent authorities to perform the official controls.deleted
2013/12/19
Committee: ENVI
Amendment 794 #
Proposal for a regulation
Article 79 – paragraph 3
3. WherThe fees are calculated in accordance with point (a) of paragraph 1, the feeor contributions to costs collected by competent authorities in accordance with Article 77 shall not exceed the overall costs incurred for the official controls performed over the period of time referred to in point (aa) (new) of paragraph 1.
2013/12/19
Committee: ENVI
Amendment 798 #
Proposal for a regulation
Article 80 – title
RPossibility of a reduction of fees for consistently compliant operators
2013/12/19
Committee: ENVI
Amendment 799 #
Proposal for a regulation
Article 80 – paragraph 1
Where fees are established in accordance with point (a) of Article 79(1), the rate of the fee to be applied to each operator shall be determinedIn determining the rate of the fee or contribution to costs to be applied to each operator, the competent authorities may takinge into account the operators' record of compliance with the rules referred to in Article 1(2) as ascertained through official controls, so that fees or contributions to costs applied to consistently compliant operators are lower than those applied to other operators.
2013/12/19
Committee: ENVI
Amendment 805 #
Proposal for a regulation
Article 82
Fees refunds and exemption for microenterprises 1. Fees provided for in Article 77 shall not directly or indirectly be refunded, unless unduly collected. 2. 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 77. 3. The costs referred to in Articles 77, 78 and 79 shall not include those incurred for the performance of official controls on the enterprises referred to in paragraph 2.Article 82 deleted
2013/12/19
Committee: ENVI
Amendment 823 #
Proposal for a regulation
Article 83 – paragraph 1 – point a
(a) the method and data used to establish the fees or contributions to costs provided for in Article 77(1);
2013/12/19
Committee: ENVI
Amendment 831 #
Proposal for a regulation
Article 83 – paragraph 2 – point a
(a) the costs to the competent authority for which a fee or contribution to costs is due in accordance with Article 77(1), indicating the breakdown of such costs per activity referred to in Article 77(1) and per cost element referred to in Article 78(1);
2013/12/19
Committee: ENVI
Amendment 834 #
Proposal for a regulation
Article 83 – paragraph 2 – point b
(b) the amount of the fees or contributions to costs provided for in Article 77(1) applied to each category of operators, and for each category of official controls;
2013/12/19
Committee: ENVI
Amendment 835 #
Proposal for a regulation
Article 83 – paragraph 2 – point b
(b) the amount of the fees or contributions to costs provided for in Article 77(1) applied to each category of operators, and for each category of official controls;
2013/12/19
Committee: ENVI
Amendment 838 #
Proposal for a regulation
Article 83 – paragraph 2 – point c
(c) the method used to establish the fees or contributions to costs provided for in Article 77(1), including the data and estimates used for the establishment of the flat rate fees referred to in point (aa) (new) of Article 79(1);
2013/12/19
Committee: ENVI
Amendment 840 #
Proposal for a regulation
Article 83 – paragraph 2 – point d
(d) where point (a) of Article 79(1) applies, the method used to adjust the level of the fees or the contribution to costs in accordance with Articles 79(1) and 80;
2013/12/19
Committee: ENVI
Amendment 841 #
Proposal for a regulation
Article 83 – paragraph 2 – point e
(e) the overall amount of fees corresponding to the exemption referred to in Article 82(2).deleted
2013/12/19
Committee: ENVI
Amendment 847 #
Proposal for a regulation
Article 84 – paragraph 1 – subparagraph 1 (new)
The fees for additional controls shall be calculated on the basis of the actual costs incurred pursuant to Article 78. If the actual travel expenses are less than the flat-rate amount set pursuant to Article 79(2), the flat-rate amount shall be used to calculate the fees.
2013/12/19
Committee: ENVI
Amendment 864 #
Proposal for a regulation
Article 91 – paragraph 3 – point g a (new)
Or. de Justification This currently valid rule is also contained in the proposal for a regulation on provis(ga) be able to receive a financial contributions forom the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material (Article 29(1)). However, according to the correlation table for this proposal, the original rule no longer features, so it has to be included againUnion in accordance with Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field.
2014/01/10
Committee: ENVI
Amendment 874 #
Proposal for a regulation
Article 93
Article 93 Designation of European Union reference centres for plant reproductive material 1. The Commission may, by means of implementing acts, designate European Union reference centres that shall support the activities of the Commission, the Member States and the European Plant Variety Agency (EPVA) in relation to the application of the rules referred to in point (h) of Article 1(2). 2. The designations provided for in paragraph 1 shall: (a) follow a public selection process; (b) be reviewed regularly. 3. European Union reference centres for plant reproductive material shall: (a) possess a high level of scientific and technical expertise in inspection, sampling and testing of plant reproductive material; (b) have suitably qualified staff with adequate training in the areas referred to in point (a) and support staff as appropriate; (c) possess or have access to the infrastructure equipment and products needed to carry out the tasks assigned to them; (d) ensure that their staff have good knowledge of international standards and practices in the areas referred to in point (a) and that the latest developments in research at national, Union and international level in those areas are taken into account in their work. Or. de Justification As a result of the hiving-off of the sectoral provisions on plant health, plant reproductive material and plant protection products, this broadening of the scope is unnecessary.deleted
2014/01/10
Committee: ENVI
Amendment 877 #
Proposal for a regulation
Article 94
Article 94 Responsibilities and tasks European Union reference centres for plant reproductive material The European Union reference centres designated in accordance with Article 93(1) shall be responsible, in accordance with annual or multiannual work programmes approved by the Commission for the following tasks: (a) providing scientific and technical expertise, within the scope of their mission, on: (i) field inspection, sampling and testing performed for the certification of plant reproductive material; (ii) post-certification tests of plant reproductive material; (iii) tests on standard material categories of plant reproductive material; (b) organising comparative tests and field trials on plant reproductive material; (c) conducting training courses for the benefit of staff of the competent authorities and of experts from third countries; (d) contributing to the development of certification and post-certification test protocols for plant reproductive material, and of performance indicators for the certification of plant reproductive material; (e) disseminating research findings and technical innovations in the fields within the scope of their mission. Or. de Justification As a result of the hiving-off of the sectoral provisions on plant health, plant reproductive material and plant protection products, this broadening of the scope is unnecessary.deleted
2014/01/10
Committee: ENVI
Amendment 882 #
Proposal for a regulation
Article 95 – paragraph 3 – point a
(a) possess suitably qualified staff with a high level of scientific and technical expertise in human-animal relationship, animal behaviour, animal physiology, animal health and nutrition related to animal welfare, and animal welfare aspects related to the commercial and scientific use of animals; Or. de Justification Because of content overlap with Article 95(3)(b), the two paragraphs were merged., taking ethical aspects into consideration;
2014/01/10
Committee: ENVI
Amendment 883 #
Proposal for a regulation
Article 95 – paragraph 3 – point b
(b) have suitably qualified staff with adequate training in the areas referred to in point (a) and in ethical issues related to animals and support staff as appropriate; Or. de Justification Merged with Article 95(3)(a) because of content overlap.deleted
2014/01/10
Committee: ENVI
Amendment 891 #
Proposal for a regulation
Article 96 – paragraph 1 – point d
(d) coordinating the carrying out of scientific and technical studies on the welfare of animals used for commercial or scientific purposes; Or. de Justification To avoid an overlap of competences with EFSA, the reference centres should be given a coordinating role, while EFSA can continue to carry out its own studies.
2014/01/10
Committee: ENVI
Amendment 894 #
Proposal for a regulation
Article 97 – paragraph 1 – point b
(b) European Union reference centres for plant reproductive material provided for in Article 93; Or. de Justification In accordance with the proposed deletion of Articles 93 and 94deleted
2014/01/10
Committee: ENVI
Amendment 921 #
Proposal for a regulation
Article 105 – paragraph 2 – point b
(b) the third country has undertaken to provide the assistance necessary to gather evidence of practices that are or appear to be non-compliant with Union rules or that pose a risk to humans, or animals or plants or the environment;
2014/01/10
Committee: ENVI
Amendment 965 #
Proposal for a regulation
Article 119 – paragraph 2 – point g
(g) the extent and operation of official controls performed on animals, plants and their products arriving from other third countries; Or. de Justification As a result of the hiving-off of the sectoral provisions on plant health, plant reproductive material and plant protection products, this broadening of the scope is unnecessary.
2014/01/10
Committee: ENVI
Amendment 968 #
Proposal for a regulation
Article 120 – paragraph 1 – point g – point iv
(iv) European and Mediterranean Plant Protection Organisation; Or. de Justification As a result of the hiving-off of the sectoral provisions on plant health, plant reproductive material and plant protection products, this broadening of the scope is unnecessary.deleted
2014/01/10
Committee: ENVI
Amendment 971 #
Proposal for a regulation
Article 120 – paragraph 1 – point g – point v
(v) the secretariat of the International Plant Protection Convention; Or. de Justification As a result of the hiving-off of the sectoral provisions on plant health, plant reproductive material and plant protection products, this broadening of the scope is unnecessary.deleted
2014/01/10
Committee: ENVI
Amendment 976 #
Proposal for a regulation
Article 124 – paragraph 1 – introductory part
1. The Commission shall request third countries intending to export animals and goods to the Union to provide the following accurate and up-to-date information on the general organisation and management of sanitary and phytosanitary control systems in their territory: (If adopted, this amendment will apply throughout the article.)
2014/01/10
Committee: ENVI
Amendment 1001 #
Proposal for a regulation
Article 128 a (new)
Article 128a Supporting developing countries 1. With a view to ensuring that developing countries can comply with the provisions of this Regulation, measures may be taken, and may be implemented for as long as they continue to have a demonstrable impact, to support the following activities: - compliance with the conditions governing the entry into the Union of animals and goods; - drafting of guidelines on the organisation of official controls on products to be exported to the Union; - sending of European Union or Member State experts to developing countries to assist with the organisation of official controls; - involvement of control staff from developing countries in training programmes or courses. 2. The Commission shall be empowered, pursuant to Article 139, to adopt delegated acts setting out provisions covering the forms of support for developing countries referred to in paragraph 1.
2014/01/10
Committee: ENVI
Amendment 1004 #
Proposal for a regulation
Article 130 – paragraph 1
1. The Commission shall set up and manage a computerised information management system for the integrated operation of the mechanisms and tools through which data, information and documents concerning official controls are automatically forwarded from databases in the Member States and managed and handled ('the IMSOC').
2014/01/10
Committee: ENVI
Amendment 1007 #
Proposal for a regulation
Article 130 – paragraph 1 a (new)
1a. When forwarding electronic certificates or other electronic documents, the Commission and Member States shall use standard international programming languages, message structures and transmission protocols and safe transmission procedures.
2014/01/10
Committee: ENVI
Amendment 1009 #
Proposal for a regulation
Article 130 – paragraph 2 – point b
(b) integrate fully and provide the necessary updates to existing computerised systems managed by the Commission and used for the rapid exchange of data, information and documents in relation to risks to human, animal health and welfare, and plant health, as established by Article 50 of Regulation (EC) No 178/2002, Article 20 of Regulation (EU) XXX/XXXX [Office of Publications, please insert number of the Regulation on animal health] and Article 97 of Regulation (EU) XXX/XXXX [Office of Publications, please insert number of the Regulation on protective measures against pests of plants];
2014/01/10
Committee: ENVI
Amendment 1026 #
Proposal for a regulation
Article 136 – paragraph 1 – subparagraph 1 (new)
Irrespective of the financial advantage sought, the severity of the penalties should also reflect the degree of risk of damage to consumers' health.
2014/01/10
Committee: ENVI
Amendment 1030 #
Proposal for a regulation
Article 136 – paragraph 3 – point c a (new)
(ca) where consumers' health is damaged.
2014/01/10
Committee: ENVI
Amendment 1045 #
Proposal for a regulation
Article 142 – paragraph 2
2. Regulation (EC) No 854/2004 and Directives 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC and 97/78/EC are repealed as from [Office of Publications, please insert date of entry into force of this Regulation + 3 years].
2014/01/10
Committee: ENVI
Amendment 1058 #
Proposal for a regulation
Article 161 – paragraph 1 – point b
Regulation (EU) No [.…]/2013
Article 29 a (new)
(b) the following Article 29a is added: ‘Article 29a Accreditation of national reference laboratories for plant health 1. Grants may be awarded to the national reference laboratories referred to in Article 98 of Regulation (EU) No XXX/XXXX [Office of Publications, please insert number of this Regulation] for costs incurred for obtaining accreditation according to the standard EN ISO/IEC 17025 for the use of methods of laboratory analysis, test and diagnosis to verify compliance with the rules on protective measures against pests of plants. 2. Grants may be awarded to a single national reference laboratory in each Member State for each European Union reference laboratory for plant health, up to three years after the designation of that European Union reference laboratory.'.deleted
2014/01/10
Committee: ENVI