[ParlTrack]

Eric ANDRIEU, Jean-Paul DENANOT, Paul BRANNEN, Daciana Octavia SÂRBU, Ricardo SERRÃO SANTOS

Proposal for a regulation
Article 20 – paragraph 1 b (new)

1 b. The compensation fund aimed at ensuring compensation for operators in the event of accidental contamination may be cofinanced by fees and the fines paid by those responsible for the contamination, penalties which stem from applying the ‘polluter pays’ principle.

2015/06/25
Committee: AGRI

Eric ANDRIEU, Jean-Paul DENANOT, Marc TARABELLA, Ricardo SERRÃO SANTOS

Proposal for a regulation
Article 23 a (new)

Article 23 a Controls General provisions In addition to the provisions set out in Regulation (EU) No XX/XXXX (Official Controls Regulation), the specific rules set out in this chapter shall apply to official controls and other official activities carried out on organic production and the labelling of organic products. Official controls in relation to organic production and labelling of organic products (a) Official controls of organic production and the labelling of organic products shall be carried out to verify conformity with the provisions of this regulation and shall include, in particular, control of the application of preventive measures as defined in Article 3(4), conditions for exemption from the requirement for notification laid down in Article 24(1a), and the effective separation of organic and non-organic production and the products referred to in Articles 7 and 8, by the control of units or sites of non-organic production b) The nature and frequency of the official controls shall be determined on the basis of the likelihood of non- compliance, taking into account in particular the following: the type, size and structure of the operators and groups of operators; - the length of time the operators and groups of operators have worked in organic production, preparation and distribution; - the product categories; - the type, quantity and value of the products and their development over time; - the possibility that products can be mixed; - the application of derogations or exceptions to the rules by the operators or groups of operators; - the key points concerning non- conformity and the likelihood of non- conformity at each stage of production, preparation and distribution as defined in Article 3(27). All operators and groups of operators apart from those referred to in Article 24(1a) shall be subjected to compliance testing at least once a year. Compliance testing shall mean a physical, on-site inspection. With regard to Article 12(2) of Regulation (EU) XX/XXXX (Official Controls Regulation), the reports written on official controls completed on the occasion of the compliance testing shall be countersigned by the operator or group of operators concerned or by their representative. Delegations to control bodies and measures to be taken in the event of non- compliance 1. Official control tasks or other official activities may only be delegated by the competent authorities in accordance with Chapter III of Regulation (EU) No XX/XXXX (Official Controls Regulation) if the following conditions are also met: (a) the control bodies are accredited in accordance with the international harmonised standard Conformity assessment – Requirements for bodies certifying products, processes and services, the reference of which has been published in the Official Journal of the European Union; (b) the delegation of the competent authorities contains a detailed description of the delegated control tasks and other official activities, the registration requirements and other specific obligations (c) the control bodies are submitted to the competent authorities for prior approval: (i) their risk assessment procedures determining in particular the basis for the intensity and frequency of the verification of compliance of the operators and group of operators; (ii) the standard control procedure to be followed, containing a detailed description of the control measures and precautions that the body undertakes to impose on operators and groups of operators subject to its controls; (iii) the measures planned by the control body for application whenever instances of non-compliance are detected; d) the competent authorities have procedures and arrangements in place to ensure the supervision of control bodies, including the verification of the effectiveness, independence and objectiveness of the way in which the delegated tasks are carried out, in particular as regards the intensity and frequency of the verification of compliance. 2. The competent authorities shall not delegate to control bodies the competence to grant exceptions except for the use of plant reproductive material not obtained from organic production. 3. Pursuant to Article 31 of Regulation (EU) No XX/XXXX (Official Controls Regulation), the competent authorities shall ensure that the information obtained on each instance of non-compliance and on the likelihood of non-compliance identified by the control bodies, and that the measures taken, is properly collected and used in order to guide the activities of the control bodies. 4. Where a control body can be proved to be not carrying out correctly the official control tasks delegated to it, the competent authorities may not suspend it, completely or in part, before withdrawing the delegation in line with Article 32 of Regulation (EU) XX/XXXX (Official Controls Regulation). 5. In the event of non-compliance which affects the organic status of products at each stage of production, preparation and distribution, the competent authorities or, where appropriate, the control authorities or bodies shall ensure that no reference is made to 'organic production' in the labelling or advertising of the entire lot or production run concerned. 6. In the event of serious, repeated or continuous non-compliance, the competent authorities or, where appropriate, the control authorities or bodies shall ensure that the operators or groups of operators concerned, in addition to the measures set out in paragraph 1 and those taken in line with Article 135 of Regulation (EU) XX/XXXX (Official Controls Regulation), are not authorised to sell their products with a reference to organic production for a set period and that their organic certificate is suspended or withdrawn accordingly. 7. In addition to the conditions set out in Article 104(1) of Regulation (EU) XX/XXXX (Official Controls Regulation), the competent authorities and the control authorities and bodies shall immediately share the relevant information with all the other competent authorities and control authorities and bodies in connection with any instance of non-compliance or likelihood of non-compliance affecting the organic status of products. 8. The Commission may, by means of implementing acts, lay down rules establishing uniform modalities and specific requirements for the performance of official controls and other official activities carried out in relation to organic production and labelling of organic products, as regards: (a) the specific tasks of the competent authorities; (b) methods and techniques for the performance of official controls; (c) the kinds of sample at each stage of production, processing and distribution: samples must comply with established sampling methods and their laboratory analysis; (d) methods for establishing the probability of non-compliance and the frequency of sampling; (e) the specific recording obligations for the competent authorities and the control authorities and bodies; (f) the specific obligations, arrangements and commitments of operators; (g) cases in which the competent authorities, in the light of a particular suspicion and subsequent finding of non- compliance, must act in accordance with the actions and measures set out in paragraphs 5 and 6; (h) the exchange of information between competent authorities, control authorities and control bodies concerning cases of non-compliance or likelihood of non- compliance including the exchange of relevant information on the results of their controls upon a request duly justified by the need to guarantee that a product has been produced in accordance with this Regulation. These implementing acts shall be adopted in accordance with the examination procedure referred to in Article 37(2).

2015/06/25
Committee: AGRI

Eric ANDRIEU, Jean-Paul DENANOT, Marc TARABELLA, Ricardo SERRÃO SANTOS

Proposal for a regulation
Article 24 – paragraph 1 a (new)

1a. Member States may decide that operators who sell less than a limited quantity per year of unprocessed organic products to the final consumer or user, and who notify their activity to the responsible authorities, shall be exempt from the notification obligation and the system of control referred to in paragraph 1, provided they do not produce, prepare or store organic products other than in connection with the point of sale or import such products from a third country or have not contracted out such activities to a third party.

2015/06/25
Committee: ENVI

Eric ANDRIEU, Jean-Paul DENANOT, Marc TARABELLA, Ricardo SERRÃO SANTOS

Proposal for a regulation
Article 24 – paragraph 1 a (new)

1a. Operators who sell pre-packed organic products directly to the final consumer or user are exempted from the notification obligations referred to in paragraph 1 provided they do not produce, prepare or store organic products other than in connection with the point of sale or import such products from a third country or have not contracted out such activities to a third party.

2015/06/25
Committee: ENVI

Eric ANDRIEU, Jean-Paul DENANOT, Marc TARABELLA, Ricardo SERRÃO SANTOS

Proposal for a regulation
Article 24 – paragraph 1 a (new)

1a. Operators who only handle pre- packed products are exempted from the application of Article 24, provided they do not produce, prepare, store elsewhere other than the point of sale or import such products from a third country, or have not contracted out such activities to a third party. Operators handling only pre-packed products and exporting these products to a third country are also exempted from the application of Article 24.

2015/06/25
Committee: ENVI

Eric ANDRIEU, Jean-Paul DENANOT, Daciana Octavia SÂRBU, Laurenţiu REBEGA, Viorica DĂNCILĂ, Ricardo SERRÃO SANTOS

Proposal for a regulation
Article 28 – paragraph 1 – point c a (new)

(ca) In order to create a level playing field and to guarantee fair competition for products processed both by European operators (particularly in extremely remote areas) and operators in third countries, the Commission shall ensure that production conditions for organic products processed by European operators shall be identical to production conditions applicable to organic products coming from third countries. For this reason, the Commission shall be empowered to adopt delegated acts in accordance with Article 36, in particular with reference to the production rules set out in Chapter III of the Regulation and its Annex II.

2015/06/25
Committee: ENVI

Ricardo SERRÃO SANTOS

Proposal for a regulation
Annex I – indent 15 a (new)

- Natural corks, non-agglomerated and without binders,

2015/06/25
Committee: ENVI

Eric ANDRIEU, Jean-Paul DENANOT, Ricardo SERRÃO SANTOS

Proposal for a regulation
Annex II – part I – point 1.4.1

1.4.1. For the production of plants and plant products only organically produced plant reproductive material shall be used other than plant reproductive material. To this end, the plant intended for plant reproductive material production and, where relevant, the mother plant shall have been produced in accordance with this Regulation for at least one generation, or, in the case of perennial crops, for at least one generation during two growing seasons.

2015/06/25
Committee: ENVI

Eric ANDRIEU, Jean-Paul DENANOT, Paul BRANNEN, Ricardo SERRÃO SANTOS

Proposal for a regulation
Annex II – part I – point 1.4.2

PBy way of derogation from point 1.4.1., for a limited period, during which plant reproductive material is not ~~obtained from organic production may be used only when it comes from a production unit in conversion to organic production or~~available on the market in organic form, (a) plant reproductive material sourced from a production unit in conversion to organic farming may be used. (b) where point (a) is not applicable, Member States may authorise the use of non-organic plant reproductive material. However, the use of this non-organic material presupposes the application of the following rules: 1.4.2.1. Non-organic reproductive plant material may be used, provided such plant reproductive material is not treated with plant protection products, other than those authorised for the treatment of seeds in accordance with point 1.6.2, unless the chemical treatment is prescribed by Regulation (EU) No XX/XXX of the European Parliament and of the Council of the European Union on protective measures against pests of plants and plant health, in order to ensure plant health by the competent authority in the Member State for all varieties of a given species in the sector in which the plant reproductive material will be used. 1.4.2.2. Member States may entrust responsibility to grant the authorisation referred to in point 1.4.2.(b) to the control authorities or delegate it to another public administration under their supervision or to control bodies. 1.4.2.3. The authorisation to use plant reproductive material not obtained by organic production methods may be granted in the following cases: (i) where no variety of the species that the user wishes to obtain is listed in the database referred to in Article 10; (ii) where no supplier, namely an operator who sells plant reproductive material on the market to other operators, can supply plant reproductive material before sowing or planting in situations where the user ordered plant reproductive material in good time; (iii) where the variety that the user wishes to obtain is not listed in the database referred to in Article 10, and the user can show that no listed alternative for the same species is appropriate and authorisation is therefore important for its production; iv) where it is justified for use in research, tests in small-scale field trials or for genetic resources for variety conservation purposes ~~agreed by the competent authority of the Member State.~~ decided by the competent authority of the Member State. 1.4.2.4. Authorisation must be granted before the crop is sown. 1.4.2.5. Authorisation shall only be granted to individual users for a single season and the authority or the body responsible for authorisations shall list the authorised quantities of plant reproductive material. 1.4.2.6. By way of derogation to point 1.4.2.5. , the competent authority of the Member State may grant a general authorisation to all users: (i) for given species when the condition provided for in point 1.4.2.3.(i) is met; (ii) for a given variety when the conditions provided for in point 1.4.2.3.(iii) are met. The authorisations referred to in the first sub-paragraph are clearly set out in the database mentioned in Article 10. 1.4.2.7. Authorisation is only granted during periods when the database is up to date.

2015/06/25
Committee: ENVI

Eric ANDRIEU, Jean-Paul DENANOT, Ricardo SERRÃO SANTOS

Proposal for a regulation
Annex II – part I – point 1.4.2 a (new)

1.4.2 a. Use of plant reproductive material selected for the specific needs and aims of organic agriculture Plant reproductive material selected for the specific needs and aims of organic agriculture may be used and in the future must be increasingly used in the production of plants and plant products. For this purpose, plant reproductive material must be selected in order to allow the resulting plants and plant products to better meet the demands of this Regulation. Plant reproductive material selected for the needs and aims of organic agriculture may include a range of material, such as local breeds or varieties of population, or open pollination varieties, namely plant reproductive material not obtained by controlled pollination or by the hybridisation of inbred lines.

2015/06/25
Committee: ENVI

Ricardo SERRÃO SANTOS

Proposal for a regulation
Annex II – part III – paragraph 1 – point 9 a (new)

(9a) ‘Sustainable fishing’: the extraction of living aquatic resources that can be maintained indefinitely without reducing the capacity of the target species to maintain healthy population levels and without high negative impacts on other species in the ecosystem or in their habitats within the meaning of the Water Framework Directive or Marine Strategy Framework Directive 73 a, as applicable. __________________ 73 a Directive 2006/113/EC of the European Parliament and of the Council of 12 December 2006 on the quality required of shellfish waters (OJ L 376, 27.12.2006, p. 14) and Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for Community action in the field of marine environmental policy (Marine Strategy Framework Directive) (OJ L 164, 25.6.2008, p. 19), respectively.

2015/06/26
Committee: AGRI

Ricardo SERRÃO SANTOS

Proposal for a regulation
Annex II – part III – point 2. 6 a (new)

2. 6a. Organic production holdings of seaweed and aquaculture animals shall not cause risks to species of conservation interest.

2015/06/26
Committee: AGRI

Ricardo SERRÃO SANTOS

Proposal for a regulation
Annex II – part III – point 3.2.1 – point a

a) the growing areas are of high ecological status as defined by Directive 2000/60/EC75, ~~and are not unsuitable from a health point of view; __________________~~or of good environmental status, as defined by Directive 2008/56/EC75 a, and are not unsuitable from a health point of view; __________________ 75 a Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for Community action in the field of marine environmental policy (Marine Strategy Framework Directive) (OJ L 164, 25.6.2008, p. 19). 75 Directive 2006/113/EC of the European Parliament and of the Council of 12 December 2006 on the quality required of shellfish waters (OJ L 376, 27.12.2006, p. 14).

2015/06/26
Committee: AGRI

Ricardo SERRÃO SANTOS

Proposal for a regulation
Annex II – part III – point 4.1.2.1 – point a a (new)

aa) Where it is impracticable to obtain animals under the conditions specified in 4.1.2.1 a), they may be caught in the wild. Such animals shall be kept under organic management for at least three months before they may be used.

2015/06/26
Committee: AGRI

Ricardo SERRÃO SANTOS

Proposal for a regulation
Annex II – part III – point 4.1.3.2 – point b

b) the growing areas shall be of high ecological status as defined by Directive 2000/60/EC, or of good environmental status, as defined by Directive 2008/56/EC.

2015/06/26
Committee: AGRI

Ricardo SERRÃO SANTOS

Proposal for a regulation
Annex II – part III – point 4.2.2 – paragraph 1 – point c

c) organic shellfish farms shall ~~minimi~~not cause risks to species of conservation interest. If predator nets are used their design shall not permit diving birds to be harmed.

2015/06/26
Committee: AGRI

Activities of Ricardo SERRÃO SANTOS related to 2014/0100(COD)

Plenary speeches (1)

Amendments (16)

ParlTrack - 2011-2024