[ParlTrack]

Proposal for a regulation
Article 1 – paragraph 1

1. This Regulation lays down rules to determine the phytosanitary risks posed by any species, strain or biotype of pathogenic agents, animals or ~~parasitic~~ plants injurious to plants or plant products (hereinafter “pests”) and measures to reduce those risks to an acceptable level.

2013/12/11
Committee: AGRI

Eric ANDRIEU

Proposal for a regulation
Article 1 – paragraph 2 – subparagraph 1

For the purposes of this Regulation references to third countries shall be read as references to third countries and to the outer~~ritorie~~most regions listed in Annex I.

2013/12/11
Committee: AGRI

Eric ANDRIEU

Proposal for a regulation
Article 1 – paragraph 2 – subparagraph 2

For the purposes of this Regulation, references to the Union territory shall be read as references to the Union territory without the outer~~ritorie~~most regions listed in Annex I.

2013/12/11
Committee: AGRI

Eric ANDRIEU

Proposal for a regulation
Article 16 – paragraph 1

1. Where the presence of a Union quarantine pest is officially confirmed, the competent authority shall immediately take all necessary measures to eliminate that pest, inf possible, from the area concerned ~~and~~(hereinafter: ‘to eradicate’) or, where eradication is not possible, to prevent its spread out of that area (hereinafter: 'to ~~eradicate'~~contain’). Those measures shall be adopted in accordance with Annex IV on measures and principles for the management of the risks of pests.

2013/12/11
Committee: AGRI

Eric ANDRIEU

Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 2

Those measures shall not impose, or result in, any prohibitions or restrictions on the introduction into, or movement within, the Union territory of plants, plant products and other objects, other than those imposed by the provisions of Articles 40 to 54 and the provisions of Articles 67 to 96.deleted

2013/12/11
Committee: AGRI

Eric ANDRIEU

Proposal for a regulation
Article 36 – paragraph 1 – introductory part

A pest shall be referred to as a '~~Union quality~~regulated Union non-quarantine pest' if it fulfils the following conditions and it is included in the list referred to in Article 37:

2013/12/11
Committee: AGRI

Eric ANDRIEU

Proposal for a regulation
Article 40 – title

~~Prohibition of introduct~~Criteria for to the entry into the Union of plants, plant products and other objects ~~into the Union territory~~

2013/12/11
Committee: AGRI

Eric ANDRIEU

Proposal for a regulation
Article 40 – paragraph 1

1. The Commission shall adopt an implementing act, containing the plants, plant products and other objects, and the prohibitions and the third countries concerned, as set out in Part A of Annex III to Directive 2000/29/EC. That implementing act shall be adopted in accordance with the advisory procedure referred to in Article 99(2). In the list established by that implementing act, the plants, plant products and other objects shall be identified by their respective code in accordance with the classification in the Combined Nomenclature as laid down in Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff30 (hereinafter: 'CN code'). __________________ 30deleted JO L 256 du 7.9.1987, p. 1.

2013/12/11
Committee: AGRI

Eric ANDRIEU

Proposal for a regulation
Article 40 – paragraph 1 – subparagraph 1 a (new)

1. After a period of three years from the date of publication of this Regulation, the Member States shall authorise the entry into the Union of consignments of plants, plant products and other relevant objects from third countries only if they originate in a country that features on the list in the new Article 40a in respect of species of plants, plant products and other relevant objects, or in an area of such a country, except where they are covered by a derogation or by additional provisions adopted pursuant to Articles 45 and 46.

2013/12/11
Committee: AGRI

Eric ANDRIEU

Proposal for a regulation
Article 40 – paragraph 2

2. In case a plant, plant product or other object, originating in or being dispatched from a third country, poses a phytosanitary risk of an unacceptable level by its likelihood to host a Union quarantine pest, and that risk cannot be reduced to an acceptable level by applying one or more of the measures set out in points 2 and 3 of Section 1 of Annex IV on measures and principles for the management of the risks of pests, the Commission shall amend, as appropriate, the implementing act referred to in paragraph 1, to include in it that plant, plant product or other object and the third countries, concerned. In case a plant, plant product or other object included in that implementing act does not pose a phytosanitary risk of an unacceptable level, or it poses such a risk but that risk can be reduced to an acceptable level by applying one or more of the measures set out in points 2 and 3 of Section 1 of Annex IV on measures to manage the risks and pathways of quarantine pests, the Commission shall amend that implementing act, as appropriate. The acceptability of the level of that phytosanitary risk shall be assessed in accordance with the principles set out in Section 2 of Annex IV on principles for the management of the risks of pests. Where appropriate, the acceptability of that level of phytosanitary risk shall be assessed with regards to one or more specific third countries. Those amendments shall be adopted in accordance with the examination procedure referred to in Article 99(3) of this Regulation. On duly justified imperative grounds of urgency to address a serious phytosanitary risk, the Commission shall adopt those amendments by immediately applicable implementing acts, in accordance with the procedure referred to in Article 99(4).deleted

2013/12/11
Committee: AGRI

Eric ANDRIEU

Proposal for a regulation
Article 40 – paragraph 2 a (new)

2a. The provisions of Annexes III, IV-A (Section I), IV-B and V-B to Directive 2000/29/EC shall continue to apply for three years from the date of publication of this Regulation. The content of Annexes III, IV-A (Section I) may be amended by means of implementing acts adopted in accordance with the examination procedure referred to in Article 99(3). On the third anniversary of the publication of this Regulation, this article shall be repealed and paragraph 1 of Article 1 shall come into force.

2013/12/11
Committee: AGRI

Eric ANDRIEU

Proposal for a regulation
Article 40 – paragraph 3

~~3. A plant, plant product or other object listed in the implementing act provided for in paragraph 1 shall not be introduced into the Union territory from the third country, concerned by that listing.~~deleted

2013/12/11
Committee: AGRI

Eric ANDRIEU

Proposal for a regulation
Article 40 – paragraph 4

4. Member States shall notify, through the electronic notification system referred to in Article 97, the Commission and other Member States where plants, plant products or other objects have been introduced into the Union territory in violation of paragraph 3. The third country from which the plants, plant products or other objects were introduced into the Union territory shall be notified.deleted

2013/12/11
Committee: AGRI

Eric ANDRIEU

Proposal for a regulation
Article 40 a (new)

Article 40a Lists of third countries from which entry into the Union of plants, plant products and other objects is permitted Within three years of the date of publication of this Regulation the Commission shall, by means of implementing acts, draw up the list of third countries from which entry into the Union of certain species and categories of plants, plant products and other objects shall be permitted under paragraph 1 of new Article 40. This list shall be drawn up as follows: (a) countries wishing to export plants, plant products and other objects to the European Union shall submit a request to the Commission; (b) on receipt of such requests, the Commission shall make arrangements for an appraisal to be made of such plants, plant products and other objects with reference to: (i) Annexes III, IV-A (Section I), IV-B and V-B of Directive 2009/29/EC; (ii) past trade patterns; (iii) notifications of interception of harmful organisms sent to the Commission by Member States; (iv) the conclusions of audits conducted by the Commission in the third country concerned, and to that country’s cooperation with the Commission following those audits; (v) any other technical and scientific information supplied by international organisations coming under the International Plant Protection Convention (IPPC), a regional plant protection organisation such as the European and Mediterranean Plant Protection Organisation (EPPO) or an official laboratory coming under the authority of the European Union or a Member State; (c) should it consider this necessary, the Commission may require a third country to provide additional assurances in respect of some or all of the plants, plant products and other objects it wishes to export to the Union; such assurances may take the form of a file containing some or all of the following items: (i) the plant health legislation in force in the third country and the rules on the entry into that country of plants, plant products and other objects from other third countries; (ii) assurances provided by the competent authority of the third country concerning the efficient implementation and control of the legislation referred to in point (i); (iii) the organisation, structure, resources and legal powers of the competent authority in the third country; (iv) the plant health certification procedures in the third country; (v) the plant health status of the third country, or zones thereof, with regard to listed harmful organisms and emerging harmful organisms and any aspects of the plant health situation in the third country, or a zone thereof, which may pose a risk to the plant health status of the Union; (vi) the guarantees which the competent authority of the third country can provide regarding compliance or equivalence with the relevant plant health requirements applicable in the Union; (d) should it consider this necessary, the Commission may ask for a phytosanitary risk analysis to be conducted on certain plants, plants products and other objects, and may also ask for a specific audit to be carried out in the third country; (e) in the light of points (a), (b), (c) and (d) of this paragraph, at the end of the three-year period the Commission shall determine in respect of each third country concerned: (i) which plants, plant products and other objects pose a negligible risk of introduction of quarantine pests or other harmful organisms; (ii) which plants, plant products and other objects pose an acceptable risk of introduction of quarantine pests or other harmful organisms, which can be controlled by means of phytosanitary measures; (iii) which plants, plant products and other objects pose an unacceptable risk of introduction of quarantine pests or other harmful organisms.

2013/12/11
Committee: AGRI

Eric ANDRIEU

Proposal for a regulation
Article 40 b (new)

Article 40b Information to be included in the lists of third countries The list provided for in Article 40a shall comprise two sections, in which the plants, plant products and other objects shall be specified using the codes set out in Commission Regulation (EU) No 1006/2011. If, for a given code, only some of the plants are concerned, the scientific name of each of those plants shall be specified. If some of the plants, plant products and other objects coming under a given code are not concerned, this shall be indicated by specifying their scientific names. 1. In the first section the Commission shall list for each third country the plants, plant products and other objects which pose a negligible phytosanitary risk and may be brought in to the territory of the Union without them being required to be presented at the point of entry into the Union for the purposes of official controls in accordance with Article 45 of Regulation (EU) No […] [Official controls]. The list shall indicate any plants, plant products and other objects which may be brought into the Union only from a specific zone in the third country. 2. In the second section the Commission shall list for each third country the plants, plant products and other objects which pose an acceptable phytosanitary risk but may be brought in to the territory of the Union only after they have been presented at the point of entry into the Union for the purposes of official controls in accordance with Article 45 of Regulation (EU) No […] [Official controls]. The list shall indicate any plants, plant products and other objects which may be brought into the Union only from a specific zone in the third country. The list shall also specify any special requirements and state whether compliance with those requirements must be certified by means of additional declarations included in the plant health certificate.

2013/12/11
Committee: AGRI

Eric ANDRIEU

Proposal for a regulation
Article 40 c (new)

Article 40c Suspension and withdrawal from the list of third countries and other changes to the list 1. The Commission shall, by means of implementing acts, suspend or withdraw from the list provided for in Article 40a some of all of the plants, plant products and other objects from a third country, or a zone thereof, for any of the following reasons: (a) the number of notifications of interception of harmful organisms sent to the Commission by Member States has significantly increased; (b) the plant health situation in the third country, or a zone thereof, is such that a suspension or withdrawal from that list is necessary to protect the plant health status of the Union; (c) in spite of a request from the Commission to the third country for up- to-date information on the plant health situation and other matters referred to in Article 40a, the third country has not provided such information; (d) an audit conducted by the Commission on the Union’s behalf has found there to be a need for such a suspension or withdrawal, or the third country has failed to cooperate satisfactorily with the Commission following that audit; (e) the third country has refused to agree to a Commission audit being carried out on behalf of the Union on its territory. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 99(3). On duly substantiated imperative grounds of urgency relating to a serious risk of a quarantine pest referred to in Article 5 being introduced into the Union, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 99(4). 2. The Commission may, by means of implementing acts, reinsert some or all of the plants, plant products and other objects from a third country, or a zone thereof, that have been suspended or withdrawn from the list provided for in Article 40a for any of the following reasons: (a) the reason referred to in paragraph 1(a) of this article, provided that the number of notifications of interception of quarantine pests sent to the Commission by Member States has fallen significantly over a period of more than one year; (b) the reason referred to in paragraph 1(b) of this article, provided that the third country provides appropriate guarantees that the plant health situation that gave rise to that suspension or withdrawal from the list has been resolved or no longer represents a threat to plant health in the Union; (c) the reason referred to in paragraph 1(c) of this article, provided that the third country supplies the Commission with the necessary information; (d) the reasons referred to in paragraph 1(d) and (e) of this article, provided that: (i) the third country has agreed to an audit (reason referred to in point (e)) or a fresh audit (reason set out in point (d)) being conducted by the Commission on the Union's behalf on its territory; and (ii) the findings of that audit show that the relevant species and categories of plants, plant products and other objects from that third country, or from zones thereof, may be re-entered on the list provided for in Article 40a. In respect of the reason referred to in paragraph 1(d), no fresh audits shall be conducted for a period of one year following the suspension or withdrawal from the list provided for in Article 40a. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 99(3). 3. The Commission may, by means of implementing acts, add plants, plant products and other objects to the list provided for in Article 40a if, in response to a request from a third country and following an appraisal as provided for in Article 40a, the phytosanitary risk is deemed negligible or acceptable. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 99(3). 4. The Commission may, by means of implementing acts, make changes to the categorisation of and requirements for certain plants, plant products and other objects included in the list provided for in Article 40a, on the basis of new information. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 99(3). 5. The Commission shall be empowered to adopt delegated acts in accordance with Article 98 concerning rules amending and supplementing the criteria for suspension and withdrawal of a third country, or zones thereof, from the list provided for in Article 40a that are laid down in paragraph 1 of this article.

2013/12/11
Committee: AGRI

Eric ANDRIEU

Proposal for a regulation
Article 47

~~[...]~~deleted

2013/12/11
Committee: AGRI

Eric ANDRIEU

Proposal for a regulation
Article 61 – paragraph 3 – subparagraph 1 – point a

(a) it supplies exclusively small~~, as appropriate to the plants, plant products and other objects concerned,~~ quantities of plants, plant products and other objects to final users~~, by other means than sales through distance contracts~~;

2013/12/11
Committee: AGRI

Eric ANDRIEU

Proposal for a regulation
Article 61 – paragraph 3 – subparagraph 1 – point b

(b) it~~s professional activity concerning plants, plant products and other objects is limited to transporting such plants, plant products or other objects for another professional operator~~ supplies exclusively niche market material and/or heterogeneous materials and/or varieties supplied to final users with an officially recognised description within the meaning of Articles 36, 15a and 57 of Regulation No .../... [Publications Office, please insert number of regulation on plant reproductive material law];

2013/12/11
Committee: AGRI

Eric ANDRIEU

Proposal for a regulation
Article 66 a (new)

Article 66a Good plant protection practice 1. A professional operator which supplies or is supplied with plants, plant products or other objects that are subject to prohibitions, requirements or conditions pursuant to Articles 40(1), 41(1) and (2), 44(1) and (3), 45(1), 46(1) and (3), 47(1), 49(1) and (2), 50(1) and (2), 52, 53 or 54 shall follow good plant protection practice in order to prevent the occurrence and spread of pests. The good plant protection practice referred to in paragraph 1 shall consist, in particular, of: (a) identifying and monitoring critical points in the production process or in the movement of the plants, plant products and other objects which may affect their phytosanitary quality; (b) ensuring that the competent authorities have access to the facilities, as well as to surveillance data and all related documents; (c) taking measures, where necessary, to ensure that the phytosanitary quality of the plants, plant products and other objects is maintained;

2013/12/11
Committee: AGRI

20 Amendments of Eric ANDRIEU related to 2013/0141(COD)

ParlTrack - 2011-2024