73 Amendments of Ewald STADLER related to 2013/0140(COD)
Amendment 77 #
Proposal for a regulation
Recital 25
Recital 25
(25) Operators should have athe right to appeal against the decisions taken by the competent authorities, and be informed of such a. The competent authorities must inform operators of this right.
Amendment 86 #
Proposal for a regulation
Recital 25
Recital 25
(25) Operators shouldall have athe right to appeal against the decisions taken by the competent authorities, and be informed. The competent authorities shall inform operators of such a right.
Amendment 93 #
Proposal for a regulation
Recital 81
Recital 81
(81) In order to amend the references to European standards, and Annexes II and III to this Regulation to take into account of legislative and technical and scientific developments, and to supplement this Regulation with specific rules governing official controls and other official activities in the areas it covers, including, inter alia, rules on the qualification and training of staff, on additional responsibilities and tasks of the competent authorities, on the cases where the accreditation of laboratories is not required, on certain exemptions from official controls at the borders, on the criteria to be used to determine the frequency of identity and physical checks, on the establishment of conditions to be met by certain animals or goods entering the Union from third countries, on additional requirements and tasks of European Union reference laboratories and centres, on additional requirements for national reference laboratories, on criteria for risk categorisation and for performance indicators for the MANCPs, and on the contingency plans for food and feed provided for in Article 55(1) of Regulation (EC) No 178/2002, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union shouldmay, in exceptional cases, be delegated to the Commission. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
Amendment 94 #
Proposal for a regulation
Recital 84
Recital 84
Amendment 98 #
Proposal for a regulation
Article 1 – paragraph 2 – point g
Article 1 – paragraph 2 – point g
Amendment 99 #
Proposal for a regulation
Article 1 – paragraph 2 – point h
Article 1 – paragraph 2 – point h
Amendment 112 #
Proposal for a regulation
Recital 81
Recital 81
(81) In order to amend the references to European standards, and Annexes II and III to this Regulation to take into account of legislative and technical and scientific developments, and to supplement this Regulation with specific rules governing official controls and other official activities in the areas it covers, including, inter alia, rules on the qualification and training of staff, on additional responsibilities and tasks of the competent authorities, on the cases where the accreditation of laboratories is not required, on certain exemptions from official controls at the borders, on the criteria to be used to determine the frequency of identity and physical checks, on the establishment of conditions to be met by certain animals or goods entering the Union from third countries, on additional requirements and tasks of European Union reference laboratories and centres, on additional requirements for national reference laboratories, on criteria for risk categorisation and for performance indicators for the MANCPs, and on the contingency plans for food and feed provided for in Article 55(1) of Regulation (EC) No 178/2002, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union shouldmay in exceptional cases be delegated to the Commission. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
Amendment 114 #
Proposal for a regulation
Recital 84
Recital 84
Amendment 127 #
Proposal for a regulation
Article 1 – paragraph 2 – point g
Article 1 – paragraph 2 – point g
Amendment 131 #
Proposal for a regulation
Article 1 – paragraph 2 – point h
Article 1 – paragraph 2 – point h
Amendment 156 #
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
Amendment 160 #
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
Amendment 163 #
Proposal for a regulation
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
Amendment 169 #
Proposal for a regulation
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
Amendment 173 #
Proposal for a regulation
Article 2 – paragraph 1 – point 19
Article 2 – paragraph 1 – point 19
Amendment 175 #
Proposal for a regulation
Article 2 – paragraph 1 – point 20
Article 2 – paragraph 1 – point 20
Amendment 211 #
Proposal for a regulation
Article 20
Article 20
Amendment 228 #
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
5. Member States may confer to the competent authorities referred to in paragraph 1 the responsibility to carry out controls for the verification of compliance with, or for the application of, rules, including those regulating specific risks which may arise from the presence of alien species in the Union, other than those referred to in Article 1(2).
Amendment 287 #
Proposal for a regulation
Article 8 – paragraph 1 – point a – point iv
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;
Amendment 356 #
Proposal for a regulation
Article 115 – paragraph 3
Article 115 – paragraph 3
3. The controls provided for in paragraph 1 may include on the spot verifications. The Commission experts may accompany the staff of the competent authorities performing official controls, subject to the agreement of the national authorities responsible.
Amendment 357 #
Proposal for a regulation
Article 116 – paragraph 2
Article 116 – paragraph 2
2. Where appropriate, the Commission may recommend in its final reports provided for in paragraph 1 corrective or preventive action to be taken by the Member States to address the specific or systemic shortcomings identified by its experts during controls performed in accordance with Article 115(1). These recommendations shall not be legally binding.
Amendment 371 #
Proposal for a regulation
Article 139 – paragraph 2
Article 139 – paragraph 2
2. The delegation of power referred to in Articles 4(3), 15(2), 16, 17, 18(3), 19, 20, 21, 22, 23(1), 24(1), 25(3), 26(2), 40, 43(4), 45(3), 46, 49, 51(1), 52(1) and (2), 56(2), 60(3), 62(2), 69(3), 75(1) and (2), 97(2), 98(6), 99(2), 101(3), 106(3), 110, 111, 114(4) and 125(1), the third subparagraph of Article 132(1), Articles 133, 138(1) and (2), 143(2), 144(3), 151(3), 153(3) and 159(3) shall be conferred for an indeterminate period of timefive years from the date of entry into force of this Regulation.
Amendment 374 #
Proposal for a regulation
Article 139 – paragraph 3
Article 139 – paragraph 3
3. The delegation of powers referred to in Articles 4(3), 15(2), 16, 17, 18(3), 19, 20, 21, 22, 23(1), 24(1), 25(3), 26(2), 40, 43(4), 45(3), 46, 49, 51(1), 52(1) and (2), 56(2), 60(3), 62(2), 69(3), 75(1) and (2), 97(2), 98(6), 99(2), 101(3), 106(3), 110, 111, 114(4) and 125(1), the third subparagraph of Article 132(1), Articles 133, 138(1) and (2), 143(2), 144(3), 151(3), 153(3) and 159(3) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at an earlier or later date specified therein. It shall not affect the validity of any delegated acts already in forceDelegated acts already in force may be contested by those affected from the time of the revocation decision.
Amendment 376 #
Proposal for a regulation
Article 13 – paragraph 2 – point d
Article 13 – paragraph 2 – point d
(d) an assessment of procedures on good manufacturing practices (GMP), good hygiene practices (GHP), good farming practices and hazard analysis critical control points (HACCP);
Amendment 471 #
Proposal for a regulation
Article 19
Article 19
Amendment 476 #
Proposal for a regulation
Article 20
Article 20
Amendment 587 #
Proposal for a regulation
Article 45 – paragraph 1 – point c
Article 45 – paragraph 1 – point c
Amendment 592 #
Proposal for a regulation
Article 45 – paragraph 3
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, or animal or plant healthhealth, animal welfare or, as regards GMOs and plant protection products, to the environment.
Amendment 598 #
Proposal for a regulation
Article 47 – paragraph 3
Article 47 – paragraph 3
3. Physical checks shall be performed on consignments of the categories of animals and goods referred to in Article 45(1) at a frequency dependent on the risk posed by each animal, good or category of animals or goods to human, or animal or plant health, animal welfare or, as regards GMOs and plant protection products, to the environment.
Amendment 601 #
Proposal for a regulation
Article 47 – paragraph 4 – subparagraph 1
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.
Amendment 640 #
Proposal for a regulation
Article 61 – paragraph 1
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, animal welfare or, as regards GMOs and plant protection products, to the environment.
Amendment 661 #
Proposal for a regulation
Article 65 – paragraph 1
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, 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.
Amendment 664 #
Proposal for a regulation
Article 65 – paragraph 2 – point a
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, animal welfare or the environment; or
Amendment 669 #
Proposal for a regulation
Article 66 – paragraph 2 – subparagraph 1
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, animal welfare, or the environment, during or pending the application of those measures.
Amendment 673 #
Proposal for a regulation
Article 67 – paragraph 2 – point b
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, animal welfare or the environment.
Amendment 675 #
Proposal for a regulation
Article 67 – paragraph 3
Article 67 – paragraph 3
3. The competent authorities may extend the period referred to in paragraphs 1 and 2 of this Article for the time necessary to obtain the results of the second expert opinion referred to in Article 34, provided that this is without adverse effects to human, and animal and plant health, animal welfare and, as regards GMOs and plant protection products, to the environment.
Amendment 678 #
Proposal for a regulation
Article 69 – paragraph 2 – point a
Article 69 – paragraph 2 – point a
(a) be carried out effectively and ensure the elimination of any risk to human, or animal or plant health, animal welfare or, as regards GMOs and plant protection products, to the environment;
Amendment 688 #
Proposal for a regulation
Article 74 – paragraph 2
Article 74 – paragraph 2
2. Customs authorities shall suspend release for free circulation when they have reason to believe that the consignment may present a risk to human, or animal or plant health, animal welfare or, as regards GMOs and plant protection products, to the environment and immediately notify the competent authorities of such suspension.
Amendment 690 #
Proposal for a regulation
Article 74 – paragraph 4 – introductory part
Article 74 – paragraph 4 – introductory part
4. Where the competent authorities consider that a risk to human, or animal or plant health, animal welfare or, as regards GMOs and plant protection products, to the environment, is present:
Amendment 692 #
Proposal for a regulation
Article 74 – paragraph 5
Article 74 – paragraph 5
5. In the case of consignments of animals and goods other than those subject to controls at entry into the Union as required by Article 45(1) and for which no customs declaration for release for free circulation has been made, customs authorities, where they have reason to believe that the consignment may present a risk to human, or animal or plant health, animal welfare or, as regards GMOs and plant protection products, to the environment, shall transmit all relevant information to the customs authorities in the Member States of final destination.
Amendment 695 #
Proposal for a regulation
Article 75 – paragraph 1 – point d
Article 75 – paragraph 1 – point d
Amendment 696 #
Proposal for a regulation
Article 75 – paragraph 1 – point g
Article 75 – paragraph 1 – point g
Amendment 698 #
Proposal for a regulation
Article 75 – paragraph 1 – point h
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;
Amendment 870 #
Proposal for a regulation
Article 92 – paragraph 2 – point h
Article 92 – paragraph 2 – point h
(h) assisting actively in the diagnosis of outbreaks in Member States of foodborne, zoonotic or animal diseases, or of pests of plants, by carrying out confirmatory diagnosis, characterisation and taxonomic or epizootic studies on pathogen isolates or pest specimens;
Amendment 871 #
Proposal for a regulation
Article 92 – paragraph 2 – point j – point i
Article 92 – paragraph 2 – point j – point i
Amendment 876 #
Proposal for a regulation
Article 93
Article 93
Amendment 879 #
Proposal for a regulation
Article 94
Article 94
Amendment 896 #
Proposal for a regulation
Article 97 – paragraph 1 – point b
Article 97 – paragraph 1 – point b
Amendment 898 #
Proposal for a regulation
Article 97 – paragraph 2
Article 97 – paragraph 2
2. The Commission shall be empowered to adopt delegated acts in accordance with Article 139 concerning the establishment of requirements, responsibilities and tasks for the European Union reference laboratories, the European Union reference centres for plant reproductive material and the European Union reference centres for animal welfare in addition to those laid down in Articles 91(3), 92, 93(3), 95(3) and 96.
Amendment 899 #
Proposal for a regulation
Article 97 – paragraph 3
Article 97 – paragraph 3
3. European Union reference laboratories and European Union reference centres shall be subject to Commission controls to verify compliance with the requirements of Articles 91(3), 92, 93(3), 95(3) and 96.
Amendment 915 #
Proposal for a regulation
Article 104 – paragraph 1
Article 104 – paragraph 1
1. Where, during official controls performed on animals or goods originating in another Member State, the competent authorities establish that such animals or goods do not comply with the rules referred to in Article 1(2) in such a way as to create a risk to human, or animal or plant health, animal welfare or, as regards GMOs and plant protection products, to the environment, or to constitute a serious infringement of those rules, they shall, without delay, notify the competent authorities of the Member State of dispatch and of any other concerned Member State in order to enable them to undertake appropriate investigations.
Amendment 923 #
Proposal for a regulation
Article 105 – paragraph 2 – point b
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, animals or plants or the environment;
Amendment 936 #
Proposal for a regulation
Article 109 – paragraph 2 – point a
Article 109 – paragraph 2 – point a
(a) the emergence of new diseases, pests of plants or other risks to human, or animal or plant health, animal welfare or, in the case of GMOs and plant protection products, to the environment;
Amendment 954 #
Proposal for a regulation
Article 115 – paragraph 3
Article 115 – paragraph 3
3. The controls provided for in paragraph 1 may include on the spot verifications. The Commission experts may accompany the staff of the competent authorities performing official controls, subject to the agreement of the national authorities responsible.
Amendment 956 #
Proposal for a regulation
Article 116 – paragraph 2
Article 116 – paragraph 2
2. Where appropriate, the Commission may recommend in its final reports provided for in paragraph 1 corrective or preventive action to be taken by the Member States to address the specific or systemic shortcomings identified by its experts during controls performed in accordance with Article 115(1). Or. de Justification It should be clearly specified thatThese recommendations canshall not be a basis for prescriptive lawlegally binding.
Amendment 964 #
Proposal for a regulation
Article 119 – paragraph 2 – point f
Article 119 – paragraph 2 – point f
(f) where applicable, the situation regarding animal health, and zoonoses and plant health, and procedures for notifying the Commission and relevant international bodies of outbreaks of animal diseases and pests of plants;
Amendment 970 #
Proposal for a regulation
Article 120 – paragraph 1 – point g – point iv
Article 120 – paragraph 1 – point g – point iv
Amendment 973 #
Proposal for a regulation
Article 120 – paragraph 1 – point g – point v
Article 120 – paragraph 1 – point g – point v
Amendment 978 #
Proposal for a regulation
Article 124 – paragraph 1 – introductory part
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:
Amendment 980 #
Proposal for a regulation
Article 124 – paragraph 1 – point a
Article 124 – paragraph 1 – point a
(a) any sanitary or phytosanitary regulations adopted or proposed within their territory;
Amendment 982 #
Proposal for a regulation
Article 124 – paragraph 1 – point b
Article 124 – paragraph 1 – point b
(b) risk-assessment procedures and factors taken into consideration for the assessment of risks and for the determination of the appropriate level of sanitary or phytosanitary protection;
Amendment 985 #
Proposal for a regulation
Article 124 – paragraph 1 – point g
Article 124 – paragraph 1 – point g
(g) where relevant, information on changes made to the structure and functioning of control systems adopted to meet Union sanitary or phytosanitary requirements or recommendations provided for in the second paragraph of Article 121.
Amendment 992 #
Proposal for a regulation
Article 126 – paragraph 3 – point c
Article 126 – paragraph 3 – point c
(c) the performance by the competent authorities of the third country of adequate official controls and other activities to assess the presence of hazards for human, or animal or plant health, for animal welfare or for the environment in relation to GMOs and plant protection products;
Amendment 994 #
Proposal for a regulation
Article 126 – paragraph 3 – point d
Article 126 – paragraph 3 – point d
(d) the regularity and rapidity of information supplied by the third country on the presence of hazards for human, or animal or plant health, for animal welfare or for the environment in relation to GMOs and plant protection products;
Amendment 998 #
Proposal for a regulation
Article 127 – paragraph 1
Article 127 – paragraph 1
1. Where, in cases other than those referred to in Article 53 of Regulation (EC) No 178/2002, Article 249 of Regulation (EU) No XXX/XXXX [Office of Publications, please insert number of the Regulation on animal health] and in Articles 27(1), 29(1), 40(2), 41(2), 47(1), 49(2) and 50(2) of Regulation (EU) No XXX/XXXX [Office of Publications, please insert number of the Regulation on protective measures against pests of plants], there is evidence that the entry into the Union of certain animals or goods originating from a third country, a region thereof or a group of third countries, may pose a risk to human, or animal or plant health or, as regards GMOs and plant protection products, to the environment, or where there is evidence that widespread serious non-compliance with the rules referred to in Article 1(2) might be taking place, the Commission shall adopt, by means of implementing acts, the measures necessary to contain such risk or put an end to the identified non-compliance. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 141 (2).
Amendment 1011 #
Proposal for a regulation
Article 130 – paragraph 2 – point b
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, and 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];
Amendment 1016 #
Proposal for a regulation
Article 134 – paragraph 1
Article 134 – paragraph 1
1. When acting in accordance with this Chapter, the competent authorities shall give priority to action to be taken to eliminate or contain risks to human, and animal and plant health, animal welfare and, as regards GMOs and plant protection products, to the environment.
Amendment 1035 #
Proposal for a regulation
Article 137 – paragraph 1 – subparagraph 1 – introductory part
Article 137 – paragraph 1 – subparagraph 1 – introductory part
Where the Commission has evidence of a serious failure in a Member State's control systems and such failure may constitute a possible and widespread risk to human, or animal or plant health, animal welfare or, as regards GMOs and plant protection products, to the environment, or result in a widespread infringement of the rules referred to in Article 1(2), it shall, by means of implementing acts, adopt one or more of the following measures, to be applied until the failure in the control system is eliminated:
Amendment 1038 #
Proposal for a regulation
Article 139 – paragraph 2
Article 139 – paragraph 2
2. The delegation of power referred to in Articles 4(3), 15(2), 16, 17, 18(3), 19, 20, 21, 22, 23(1), 24(1), 25(3), 26(2), 40, 43(4), 45(3), 46, 49, 51(1), 52(1) and (2), 56(2), 60(3), 62(2), 69(3), 75(1) and (2), 97(2), 98(6), 99(2), 101(3), 106(3), 110, 111, 114(4) and 125(1), the third subparagraph of Article 132(1), Articles 133, 138(1) and (2), 143(2), 144(3), 151(3), 153(3) and 159(3) shall be conferred for an indeterminate period of timefive years from the date of entry into force of this Regulation.
Amendment 1041 #
Proposal for a regulation
Article 139 – paragraph 3
Article 139 – paragraph 3
3. The delegation of powers referred to in Articles 4(3), 15(2), 16, 17, 18(3), 19, 20, 21, 22, 23(1), 24(1), 25(3), 26(2), 40, 43(4), 45(3), 46, 49, 51(1), 52(1) and (2), 56(2), 60(3), 62(2), 69(3), 75(1) and (2), 97(2), 98(6), 99(2), 101(3), 106(3), 110, 111, 114(4) and 125(1), the third subparagraph of Article 132(1), Articles 133, 138(1) and (2), 143(2), 144(3), 151(3), 153(3) and 159(3) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at an earlier or later date specified therein. It shall not affect the validity of any delegated acts already in forceDelegated acts already in force may be contested by those affected from the time the revocation decision is taken.
Amendment 1057 #
Proposal for a regulation
Article 161 – paragraph 1 – point a – point ii
Article 161 – paragraph 1 – point a – point ii
Regulation (EU) No [.…]/2013
Article 29 – paragraph 1
Article 29 – paragraph 1
Amendment 1060 #
Proposal for a regulation
Article 161 – paragraph 1 – point b
Article 161 – paragraph 1 – point b
Regulation (EU) No [.…]/2013
Article 29 a (new)
Article 29 a (new)
Amendment 1068 #
Proposal for a regulation
Annex II – section 1 – point 6
Annex II – section 1 – point 6
6. The different stages of production, processing and distribution, and the possible risks to human health, and where appropriate to the health of animals and plants, to the welfare of animals, and to the environment, and to the identity and quality of plant reproductive material.