53 Amendments of María Auxiliadora CORREA ZAMORA related to 2013/0141(COD)
Amendment 97 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Amendment 100 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
That list shall be include the pests listed in Part A of Annex I to Directive 2000/29/EC and Section I of Part A of Annex II to that Directived in Annex Ia.
Amendment 102 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 5
Article 5 – paragraph 2 – subparagraph 5
Amendment 104 #
Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 1
Article 5 – paragraph 3 – subparagraph 1
The Commission shall amend the implementing act referred to in paragraph 2, under the terms of Article 98, be authorised to adopt delegated acts modifying the annex, where an assessment shows that a pest not listed in that actnnex fulfils the conditions referred to in Article 3(b), (c) and (d) in respect of the Union territory, or a pest listed in that act no longer fulfils one or more of those conditions. In the first case it shall add the pest concerned to the list referred to in paragraph 2, in the second case it shall delete the pest concerned from that list.
Amendment 105 #
Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 3
Article 5 – paragraph 3 – subparagraph 3
Amendment 108 #
Proposal for a regulation
Article 5 – paragraph 4 – subparagraph 1
Article 5 – paragraph 4 – subparagraph 1
The Commission shall amend the implementing act referred to in paragraph 2, by means of a delegated act, amend the list by amending the scientific name of a pest, where such an amendment is justified by the development of scientific knowledge.
Amendment 110 #
Proposal for a regulation
Article 5 – paragraph 4 – subparagraph 2
Article 5 – paragraph 4 – subparagraph 2
Amendment 112 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
Amendment 114 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
Where the results of an assessment show that a Union quarantine pest fulfils the conditions referred to in paragraph 1, or a pest no longer fulfils one or more of those conditions, the Commission shall amend the implementing ac, under the terms of Article 98, be authorised to adopt delegated acts modifying the list referred to in the first subparagraph by adding the pest concerned to, or removing it from, that list.
Amendment 119 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 4
Article 6 – paragraph 2 – subparagraph 4
Amendment 122 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 5
Article 6 – paragraph 2 – subparagraph 5
Amendment 123 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 6
Article 6 – paragraph 2 – subparagraph 6
On duly justified imperative grounds of urgency relating to a serious phytosanitary risk, the Commission shall be empowered to adopt immediately applicable implementingurgent delegated acts, in accordance with the procedure referred to in Article 99(4)8a, listing Union quarantine pests as priority pests.
Amendment 150 #
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 1
Article 25 – paragraph 2 – subparagraph 1
As regards priority pests whose presence in one Member state could have impacts for neighbouring Member States, the simulation exercises shallmay be carried out together by the Member States concerned on the basis of their respective contingency plans.
Amendment 157 #
Proposal for a regulation
Article 27 – paragraph 1 – subparagraph 1 – introductory part
Article 27 – paragraph 1 – subparagraph 1 – introductory part
The Commission may, by means of implementingshall, under the terms of Article 98, be authorised to adopt delegated acts, to set out measures against specific Union quarantine pests. Those measures shall implement, specifically for each of the pest(s) concerned, one or more of the following provisions:
Amendment 159 #
Proposal for a regulation
Article 27 – paragraph 1 – subparagraph 2
Article 27 – paragraph 1 – subparagraph 2
Amendment 161 #
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Where, as regards a restricted area, the Commission concludes, on the basis of the surveys referred to in Article 18 or other evidence, that the eradication of the Union quarantine pest concerned is not possible, the Commission may adopt implementing acts, as referred to in paragraph 1shall be empowered to adopt delegated acts, in accordance with Article 98, which set out measures with the single purpose of prevention of the spread of those pests out of the areas concerned. Such prevention is referred to as 'containment'.
Amendment 163 #
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
3. In case the Commission concludes that prevention measures in locations outside restricted areas are necessary to protect the part of the Union territory where the Union quarantine pest concerned is not present, the Commission may adopt implementing acts, as referred to in paragraph 1shall be empowered to adopt delegated acts, in accordance with Article 98, setting out such measures.
Amendment 165 #
Proposal for a regulation
Article 27 – paragraph 5
Article 27 – paragraph 5
5. The implementingdelegated acts referred to in paragraph 1 may provide that the measures, referred to in points (a) to (j) of paragraph 1, taken by the Member States are to be repealed or amended. Until a measure has been adopted by the Commission, the Member State may maintain the measures that it has employed.
Amendment 167 #
Proposal for a regulation
Article 27 – paragraph 6
Article 27 – paragraph 6
6. On duly justified imperative grounds of urgency to address a serious phytosanitary risk, the Commission shall adopt immediately applicable implementingurgent delegated acts in accordance with the procedure referred to in Article 99(4)8a.
Amendment 174 #
Proposal for a regulation
Article 32 – paragraph 1 – subparagraph 1
Article 32 – paragraph 1 – subparagraph 1
Where a quarantine pest is present in the Union territory but not present in the Member State concerned, and is not a Union quarantine pest, the Commission may, upon application of that Member State pursuant to paragraph 4, recognise the territory of that Member State as a protected zone in accordance with paragraph 3.
Amendment 178 #
Proposal for a regulation
Article 36 – paragraph 1 – point f
Article 36 – paragraph 1 – point f
Amendment 181 #
Proposal for a regulation
Article 37 – paragraph 2 – subparagraph 1
Article 37 – paragraph 2 – subparagraph 1
Amendment 182 #
Proposal for a regulation
Article 37 – paragraph 2 – subparagraph 2
Article 37 – paragraph 2 – subparagraph 2
Amendment 186 #
Proposal for a regulation
Article 37 – paragraph 3 – subparagraph 1
Article 37 – paragraph 3 – subparagraph 1
The Commission shall amend the implementing act referred to in paragraph 2list by means of a delegated act, where an assessment shows that a pest not listed in that act fulfils the conditions referred to in Article 36, a pest listcontained in that implementing ace list no longer fulfils one or more of those conditions or where amendments to that list are necessary, as regards categories referred to in paragraph 4 or thresholds referred to in paragraph 5.
Amendment 188 #
Proposal for a regulation
Article 37 – paragraph 6
Article 37 – paragraph 6
Amendment 190 #
Proposal for a regulation
Article 40 – title
Article 40 – title
Amendment 193 #
Proposal for a regulation
Article 40 – paragraph 1 – subparagraph 1
Article 40 – paragraph 1 – subparagraph 1
The Commission shall adopt an implementing act, containing the plants, plant products and other objects, and the prohibiauthorisations and containment measures and the third countries concerned, as set out in Part A of Annex III to Directive 2000/29/EC. The containment measures shall meet special or equivalent requirements.
Amendment 197 #
Proposal for a regulation
Article 40 – paragraph 1 – subparagraph 3 a (new)
Article 40 – paragraph 1 – subparagraph 3 a (new)
The criteria for the drawing up of the abovementioned list shall be established by adopting delegated acts in accordance with Article 98.
Amendment 200 #
Proposal for a regulation
Article 40 – paragraph 2 – subparagraph 1 a (new)
Article 40 – paragraph 2 – subparagraph 1 a (new)
Those measures, along with those referred to in paragraph 1, are hereinafter referred to as ‘special requirements’. The measures may take the form of specific requirements, adopted in accordance with Article 42(1), for the introduction into the Union territory of particular plants, plant products or other objects, which are equivalent to special requirements for the movement of those plants, plant products or other objects within the Union territory (hereinafter: 'equivalent requirements').
Amendment 206 #
Proposal for a regulation
Article 40 – paragraph 3
Article 40 – paragraph 3
3. A plant, plant product or other object listed in the implementing act provided for in paragraph 1 shall notmay only be introduced into the Union territory from the third country, concerned by that listing.
Amendment 212 #
Proposal for a regulation
Article 41
Article 41
Amendment 216 #
Proposal for a regulation
Article 42 – paragraph 1 – introductory part
Article 42 – paragraph 1 – introductory part
1. Equivalent requirements, as referred to in the second subparagraph of Article 41(2) shall be set out, by means of an implementing actThe Commission shall, for the purposes of drawing up the list referred to in Article 40, be empowered pursuant to Article 98 to adopt delegated acts in order to set out the equivalent requirements referred to in Article 40, on request of a particular third country, if all of the following conditions are fulfilled:
Amendment 217 #
Proposal for a regulation
Article 42 – paragraph 3
Article 42 – paragraph 3
Amendment 220 #
Proposal for a regulation
Article 43 – paragraph 1 – subparagraph 1
Article 43 – paragraph 1 – subparagraph 1
Member States andshall ensure that international transport operators shall make information available to passengers concerning the prohibitions, set outlist of plants, plant products and other objects, pursuant to Article 40(3), the requirements, set out pursuant to Articles 41(1) and 42(2), and the exemptions, set out pursuant to Article 70(2), as regards the introduction of plants, plant products and other objects into the Union territory.
Amendment 223 #
Proposal for a regulation
Article 43 – paragraph 1 – subparagraph 2
Article 43 – paragraph 1 – subparagraph 2
That information shallmay be provided in the form of posters or brochures, which, where appropriate, shall be made available through the internet.
Amendment 226 #
Proposal for a regulation
Article 44 – paragraph 1 – subparagraph 1 – point a
Article 44 – paragraph 1 – subparagraph 1 – point a
(a) they are grown or produced in areas of third countries in the vicinity of their land border with Member States (hereinafter: ‘third country frontier zones’);
Amendment 228 #
Proposal for a regulation
Article 45 – title
Article 45 – title
Amendment 230 #
Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 1 – introductory part
Article 45 – paragraph 1 – subparagraph 1 – introductory part
Amendment 233 #
Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 1 – point c
Article 45 – paragraph 1 – subparagraph 1 – point c
(c) they are introduced into, passed through and, without delay, moved out of the Union territory under official control by the competent authorities concerned and under the supervision of customs officers. The competent authority of the Member State where those plants, plant products or other objects are introduced into, or for the first time moved within, the Union territory shall inform the competent authorities of all other Member States through which those plants, plant products or other objects are to be moved prior to being moved out of the Union territory.
Amendment 235 #
Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 1 – point c a (new)
Article 45 – paragraph 1 – subparagraph 1 – point c a (new)
(ca) Plants, plant products and other objects in phytosanitary transit through Union territory from one third country to another must satisfy the plant health requirements under Article 40 without prejudice to other applicable plant health rules.
Amendment 237 #
Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 1 – point c b (new)
Article 45 – paragraph 1 – subparagraph 1 – point c b (new)
(cb) In accordance with subparagraph (ca), the competent authority of the Member State where those plants, plant products or other objects are introduced into, or for the first time moved within, the Union territory, must perform the documentary check on that introduction and shall be responsible for the sealing of goods pursuant to subparagraph (b).
Amendment 238 #
Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 1 – point c c (new)
Article 45 – paragraph 1 – subparagraph 1 – point c c (new)
(cc) Similarly, the competent authority of the Member State where the goods in transit are moved out of Union territory shall inform the competent authorities of the Member State into which they were introduced, and the Member State(s) through which they have been moved, of the fact that the goods have been moved out of Union territory.
Amendment 241 #
Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 2
Article 45 – paragraph 1 – subparagraph 2
Amendment 270 #
Proposal for a regulation
Article 68 – paragraph 1 – subparagraph 2 – point d
Article 68 – paragraph 1 – subparagraph 2 – point d
(d) plants, plant products and other objects listed pursuant to Articles 41(1) and (2)0.
Amendment 272 #
Proposal for a regulation
Article 68 – paragraph 1 – subparagraph 3
Article 68 – paragraph 1 – subparagraph 3
Points (a) to (d) shall not apply, however, where the act adopted pursuant to Articles 27(1), 29(1) or 41(1) and (2)0 requires proof of compliance in the form of an official mark, as referred to in Article 91(1), or another official attestation, as referred to in Article 93(1).
Amendment 286 #
Proposal for a regulation
Article 98 – paragraph 2
Article 98 – paragraph 2
2. The delegation of power referred to in Articles 1(2), 5(2), 6(2), 7(1) and (2), 8(6), 11(3), 20, 22(3), 25(4), 27, 30, 32(4), 34(1), 37(2), 38, 44(2), 45(3), 46(6), 48, 61(3), 67(4), 71(4), 76, 78(4), 82(4), 84(2), 86(3), 91(2), 92(1) and (3), 93(1), 94(4), 95(5) and 96(5) shall be conferred on the Commission for an indeterminate period of time period of five years from the entry into force of this Regulation. Unless the European Parliament and the Council express an objection, this period shall be renewed on its expiry for a further five years.
Amendment 288 #
Proposal for a regulation
Article 98 – paragraph 3
Article 98 – paragraph 3
3. The delegation of power referred to in Articles 1(2), 5(2), 6(2), 7(1) and (2), 8(6), 11(3), 20, 22(3), 25(4), 27, 30, 32(4), 34(1), 37(2), 38, 44(2), 45(3), 46(6), 48, 61(3), 67(4), 71(4), 76, 78(4), 82(4), 84(2), 86(3), 91(2), 92(1) and (3), 93(1), 94(4), 95(5) and 96(5) 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 a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 289 #
Proposal for a regulation
Article 98 – paragraph 5
Article 98 – paragraph 5
5. A delegated act adopted pursuant to Articles 1(2), 5(2), 6(2), 7(1) and (2), 8(6), 11(3), 20, 22(3), 25(4), 27, 30, 32(4), 34(1), 37(2), 38, 44(2), 45(3), 46(6), 48, 61(3), 67(4), 71(4), 76, 78(4), 82(4), 84(2), 86(3), 91(2), 92(1) and (3), 93(1), 94(4), 95(5) and 96(5) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.
Amendment 290 #
Proposal for a regulation
Article 98 – paragraph 5 a (new)
Article 98 – paragraph 5 a (new)
5a. Four years after the entry into force of this Regulation, the Commission shall present a report to the European Parliament and Council concerning the use of the power to adopt delegated acts provided for in paragraph 2.
Amendment 291 #
Proposal for a regulation
Article 98 a (new)
Article 98 a (new)
Article 98a Urgency procedure Delegated acts adopted under this Article shall enter into force without delay and shall apply as long as no objection is expressed in accordance with paragraph 2. The notification of a delegated act to the European Parliament and to the Council shall state the reasons for the use of the urgency procedure. Either the European Parliament or the Council may object to a delegated act in accordance with the procedure referred to in Article 98(5). In such a case, the Commission shall repeal the act without delay following the notification of the decision to object by the European Parliament or by the Council.
Amendment 295 #
Proposal for a regulation
Annex 1 a (new)
Annex 1 a (new)
Amendment 298 #
Proposal for a regulation
Annex 1 b (new)
Annex 1 b (new)
Amendment 300 #
Proposal for a regulation
Annex 1 c (new)
Annex 1 c (new)