47 Amendments of Martina ANDERSON related to 2013/0140(COD)
Amendment 100 #
Proposal for a regulation
Recital 62
Recital 62
(62) In order to pursue the objectives of this Regulation and contribute to the smooth functioning of the internal market, ensuring consumer confidence in it, non- compliances with Union food chain legislation requiring enforcement action in more than one Member State should be pursued efficiently and consistently. The Rapid Alert System for Food and Feed (RASFF) established by Article 50 of Regulation (EC) No 178/2002 already enables competent authorities to rapidly exchange and disseminate information on serious direct or indirect risks to human health in relation to food or feed, or serious risks to human or animal health or to the environment in relation to feed, or in the case of food fraud, for the purpose of enabling rapid measures to be taken to counter those risks. However, that instrument, while allowing for timely action across all Member States concerned to counter certain serious risks along the food chain, cannot serve the purpose of enabling effective cross border assistance and cooperation between competent authorities to ensure that non-compliances with Union agri-food chain legislation which have a cross-border dimension are effectively pursued not only in the Member State where the non-compliance is first detected but also in the Member State where the non-compliance originated. In particular, administrative assistance and cooperation should enable competent authorities to share information, detect, investigate and take effective and proportionate action to pursue cross-border violations of agri-food chain rules.
Amendment 101 #
Proposal for a regulation
Recital 64
Recital 64
(64) Each Member State should be required to set up and regularly update asector specific multi-annual national control plans (MANCP) covering all thfor every single areas governed by Union agri-food chain legislation and containing information on the structure and organisation of its system of official controls. Such MANCPs are the instrument through which each Member State should ensure that official controls are performed in a risk based and efficient manner across their territory and across the entire agri- food chain, and in compliance with this Regulation.
Amendment 105 #
Proposal for a regulation
Recital 73
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 system and currently used for the management of data and information on animals and products of animal origin and official controls thereon21. That system should be upgraded and adapted 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, 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 on food fraud, 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, 14.1.2003, p. 44.
Amendment 111 #
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 should 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 113 #
Proposal for a regulation
Recital 83
Recital 83
(83) In order to ensure uniform conditions for the implementation of this Regulation, including, inter alia, rules and modalities in respect of audits, the format of certificates and other documents, the establishment of computerised information management systems, the cooperation between operators and competent authorities and amongst competent authorities, customs authorities and other authorities, the methods of sampling and of laboratory analysis, test and diagnosis as well as their validation and interpretation, traceability, the listing of products or goods subject to controls as well the listing of countries or regions that can export certain animals and goods to the Union, prior notification of consignments, exchanges of information, border control posts, isolation and quarantine, approval of pre-export controls performed by third countries, measures to contain a risk or put an end to a widespread serious non- compliance relating to certain animals or goods originating from a third country or a region thereof, the recognition of third countries or regions that offer equivalent guarantees to those applied in the Union and its repeal, training activities and exchange programmes of staff amongst Member States, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers44. __________________ 44 OJ L 55, 28.2.2011, p. 13. OJ L 55, 28.2.2011, p. 13.
Amendment 122 #
Proposal for a regulation
Article 1 – paragraph 2 – point c
Article 1 – paragraph 2 – point c
(c) governing feed and feed safety, at all stages of production, processing and distribution of feed and the use of feed, including rules aimed at guaranteeing fair practices in trade and protecting consumer health, interests and information;
Amendment 249 #
Proposal for a regulation
Article 4 – paragraph 3
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) taking into account that these delegated acts should be consistent with the specificities of each Member State.
Amendment 329 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
Competent authorities shall perform official controls with a high level of transparency and make available to the public relevant information concerning the organisation and the performance of official controls as well as relevant information which have an impact on public health.
Amendment 428 #
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point b
Article 15 – paragraph 2 – subparagraph 1 – point b
(b) uniform specificgeneral requirements for the performance of official controls and uniform minimum frequency of such official controls, having regard, in addition to the criteria referred to in Article 8(1), to the specific hazards and risks which exist in relation to each product of animal origin and the different processes it undergoes;
Amendment 439 #
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point e
Article 15 – paragraph 2 – subparagraph 1 – point e
Amendment 447 #
Proposal for a regulation
Article 16 – paragraph 1 – point a
Article 16 – paragraph 1 – point a
(a) uniform specific requirements for the performance of official controls and uniform minimum frequency of such official controls, having regard, in addition to the criteria referred to in Article 8(1), and the specific requirements having regard to the specific hazards and risks related to non-authorised substances and to the non- authorised use of authorised substances;
Amendment 473 #
Proposal for a regulation
Article 19 – paragraph 1 – point a
Article 19 – paragraph 1 – point a
Amendment 478 #
Proposal for a regulation
Article 20 – paragraph 1 – point a
Article 20 – paragraph 1 – point a
Amendment 483 #
Proposal for a regulation
Article 21 – paragraph 1 – point a
Article 21 – paragraph 1 – point a
Amendment 492 #
Proposal for a regulation
Article 22 – paragraph 2 – point a
Article 22 – paragraph 2 – point a
Amendment 510 #
Proposal for a regulation
Article 24 – paragraph 1 – point a
Article 24 – paragraph 1 – point a
Amendment 606 #
Proposal for a regulation
Article 50 – paragraph 1
Article 50 – paragraph 1
For the purposes of ensuring the uniform implementation of the rules laid down in Articles 47, 48 and 49, the Commission shall by means of implementing acts, lay down the detailgeneral guidelines of the operations to be carried out during and after the documentary, identity and physical checks referred to in those rules to ensure the efficient performance of those official controls. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 141(2).
Amendment 613 #
Proposal for a regulation
Article 52 – paragraph 2 – point a – introductory part
Article 52 – paragraph 2 – point a – introductory part
(a) the criteria and the procedures for determining and modifying the minimum frequency rates of physical checks to be performed on consignments of the categories of animals and goods referred to in points (a), (b) and (c) of Article 45(1) and to adjust them to the level of risk associated with those categories, having regard to:
Amendment 614 #
Proposal for a regulation
Article 52 – paragraph 2 – point c
Article 52 – paragraph 2 – point c
(c) the procedures for ensuring that the minimum frequency rates of physical checks established in accordance with point (a) are applied in a timely and uniform manner.
Amendment 615 #
Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 1 – point a
Article 52 – paragraph 3 – subparagraph 1 – point a
(a) the minimum frequency of physical checks for the categories of goods referred to in point (d) of Article 45(1);
Amendment 616 #
Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 1 – point b
Article 52 – paragraph 3 – subparagraph 1 – point b
(b) the minimum frequency of physical checks for the categories of animals and goods referred to in points (e) and (f) of Article 45(1) as long as this is not already provided for in the acts referred to therein.
Amendment 630 #
Proposal for a regulation
Article 57 – paragraph 3
Article 57 – paragraph 3
Amendment 631 #
Proposal for a regulation
Article 57 – paragraph 3 – point a
Article 57 – paragraph 3 – point a
Amendment 632 #
Proposal for a regulation
Article 57 – paragraph 3 – point b
Article 57 – paragraph 3 – point b
Amendment 633 #
Proposal for a regulation
Article 57 – paragraph 4
Article 57 – paragraph 4
Amendment 637 #
Proposal for a regulation
Article 60 – paragraph 3
Article 60 – paragraph 3
Amendment 643 #
Proposal for a regulation
Article 62 – paragraph 4
Article 62 – paragraph 4
Amendment 648 #
Proposal for a regulation
Article 63 – paragraph 5
Article 63 – paragraph 5
5. The competent authorities shall notify the Commission and the Member States through the TRACES and the RASFF system of their decision to perform intensified official controls, as provided for in paragraph 4, indicating the purported fraudulent behaviour or serious or repeated infringement.
Amendment 657 #
Proposal for a regulation
Article 64 – paragraph 4 – subparagraph 2
Article 64 – paragraph 4 – subparagraph 2
That notification shall be performed via the computerised information managementTRACES and RASFF systems referred to in Article 130(1).
Amendment 676 #
Proposal for a regulation
Article 68
Article 68
Amendment 679 #
Proposal for a regulation
Article 69 – paragraph 3
Article 69 – paragraph 3
Amendment 682 #
Proposal for a regulation
Article 71
Article 71
Amendment 856 #
Proposal for a regulation
Article 88 – paragraph 2 – point a
Article 88 – paragraph 2 – point a
(a) the temporary suspension of the certifying officer from its duties;
Amendment 857 #
Proposal for a regulation
Article 90 – paragraph 2 – point b
Article 90 – paragraph 2 – point b
(b) be drawn up in one of the official languages of the institutions of the Union; or in any of the official languages of a Member State
Amendment 880 #
Proposal for a regulation
Article 94 – paragraph 1 – introductory part
Article 94 – paragraph 1 – introductory part
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:
Amendment 884 #
Proposal for a regulation
Article 96 – paragraph 1 – introductory part
Article 96 – paragraph 1 – introductory part
The European Union reference centres designated in accordance with Article 95(1) shall be responsible, in accordance with annual or multiannual work programmes approved by the Commission for the following tasks:
Amendment 925 #
Proposal for a regulation
Article 107 – paragraph 1
Article 107 – paragraph 1
1. Member States shall ensure that official controls governed by this Regulation are performed by the competent authorities on the basis of a multi-annual national control plans, the preparation and implementation of which are coordinated across their territory.
Amendment 927 #
Proposal for a regulation
Article 107 – paragraph 2 – point a
Article 107 – paragraph 2 – point a
(a) the coordination of the preparation of these plans referred to in paragraph 1 across all competent authorities responsible for the official controls;
Amendment 928 #
Proposal for a regulation
Article 107 – paragraph 2 – point b
Article 107 – paragraph 2 – point b
(b) ensuring that such plan iss are coherent and consistently implemented.
Amendment 931 #
Proposal for a regulation
Article 108 – paragraph 2 – point a
Article 108 – paragraph 2 – point a
(a) the strategic objectives of the multi- annual national control plans and on how the prioritisation of official controls and allocation of resources reflect these objectives;
Amendment 932 #
Proposal for a regulation
Article 109 – paragraph 1
Article 109 – paragraph 1
1. Member States shall ensure that the multi-annual national control plans provided for in Article 107(1) is made available to the public, with the exception of those parts of the plan the disclosure of which could undermine the effectiveness of official controls.
Amendment 934 #
Proposal for a regulation
Article 109 – paragraph 2 – introductory part
Article 109 – paragraph 2 – introductory part
2. The multi-annual national control plans shall be updated every time it is necessary to adjust ithem to changes to the rules referred to in Article 1(2), and shall be reviewed on a regular basis to take account at least of the following factors:
Amendment 937 #
Proposal for a regulation
Article 109 – paragraph 3
Article 109 – paragraph 3
3. Member States shall provide the Commission with an up-to-date version of their multi-annual national control plans on request.
Amendment 945 #
Proposal for a regulation
Article 112 – paragraph 1 – point a
Article 112 – paragraph 1 – point a
(a) any amendments made to itstheir multi- annual national control plans to take account of the factors referred to in Article 109(2);
Amendment 946 #
Proposal for a regulation
Article 112 – paragraph 1 – point b
Article 112 – paragraph 1 – point b
(b) the results of official controls performed in the previous year under itstheir multi-annual national control plans;
Amendment 948 #
Proposal for a regulation
Article 112 – paragraph 1 – point d
Article 112 – paragraph 1 – point d
(d) measures taken to ensure the effective operation of itstheir multi-annual national control plans, including enforcement action and the results of such measures.
Amendment 1036 #
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) point a, c and d, 16, 17, 18(3), 19, 20, 21, 22, 23(1), 24(1) point b,c and d, 20 point b, c and d, 21 point b, c and d, 22 point b, c and d, 23(1), 24(1) point b, c and d, 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 time from the date of entry into force of this Regulation.