Activities of James NICHOLSON related to 2013/0136(COD)
Plenary speeches (2)
Food and feed law, rules on animal health and welfare, plant health, plant reproductive material and plant protection products - Animal health - Protective measures against pests of plants (debate)
Animal health (debate)
Amendments (87)
Amendment 73 #
Proposal for a regulation
Recital 2
Recital 2
(2) As recent experiences have demonstrated, transmissible animal diseases may also have a significant impact on public health and food safety, as for example in the case of avian influenza and salmonella.
Amendment 106 #
Proposal for a regulation
Recital 41
Recital 41
(41) Knowledge of animal health, including of disease symptoms, consequences of diseases and possible means of prevention including biosecurity, treatment and control is a prerequisite for efficient animal health management and essential in ensuring the early detection of animal diseases. Operators and other animal professionals should therefore acquire such knowledge as deemed appropriate by each Member State. That knowledge may be acquired by different means, for example formal education, but also through the Farm Advisory System existing in the agricultural sector or by informal training to which national and European farmer organisations and other organisations may be valuable contributors. Those alternative means of acquiring such knowledge should also be recognised by this Regulation.
Amendment 115 #
Proposal for a regulation
Recital 52
Recital 52
(52) For certain listed diseases, agreed by the Member States, it is vital that the Commission and the other Member States are immediately notified about diseases. Such Union notification will enable neighbouring or other affected Member States to take precautionary measures when so warranted. In order to ensure uniform conditions for the implementation of such Union notification, implementing powers shall be conferred on the Commission.
Amendment 126 #
Proposal for a regulation
Recital 71
Recital 71
(71) Past animal health crises have shown the benefits of having specific, detailed and rapid management procedures for disease emergencies. Those organisational procedures should ensure a rapid and effective response and ima regulatory strategy for animal health which is founded on proeve coordination of efforts of all involved parties, and in particular the competent authorities and the stakeholdersntion rather than cure.
Amendment 133 #
Proposal for a regulation
Recital 86 a (new)
Recital 86 a (new)
(86a) Disease control measures that become necessary in the event of a disease outbreak may adversely affect biodiversity and the conservation of farm animal genetic resources. In keeping with the Convention on Biological Diversity and the EU Biodiversity Strategy, the competent authority should take account of the impact on biodiversity and farm animal genetic resources when determining the application of disease control measures.
Amendment 152 #
Proposal for a regulation
Article 1 – paragraph 2 – point a – point ii
Article 1 – paragraph 2 – point a – point ii
(ii) the effective functioning of the internal market, and food and feed safety;
Amendment 156 #
Proposal for a regulation
Article 1 – paragraph 2 – point b – point i – indent 1 a (new)
Article 1 – paragraph 2 – point b – point i – indent 1 a (new)
- biodiversity;
Amendment 157 #
Proposal for a regulation
Article 1 – paragraph 2 – point b – point i – indent 3
Article 1 – paragraph 2 – point b – point i – indent 3
Amendment 190 #
Proposal for a regulation
Article 4 – paragraph 1 – point 38
Article 4 – paragraph 1 – point 38
(38) ‘case’ means the official confirmation of the presence of a listed disease or an emerging disease in a live oranimal or a dead animal other than a product of animal origin;
Amendment 217 #
Proposal for a regulation
Recital 76
Recital 76
(76) However, those control strategies may substantially vary between different listed diseases. Thus this Regulation should provide for rules on the use of veterinary medicinal products for the prevention and control of listed diseases and for harmonised criteria for consideration when determining whether or not to use and how to use vaccines, hyper-immune sera and antimicrobials. For example, the routine administration of antimicrobials to animals by animal keepers, operators, veterinarians and animal health professionals should not be tolerated due to its adverse effects on public health, animal health and animal welfare. In order to ensure a flexible approach and to address the specificities of different listed diseases and the availability of the effective treatments, 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 in respect of the restrictions, prohibitions or obligations to use certain veterinary medicinal products in the framework of the control of certain listed diseases. In the case of urgency and in order to address emerging risks with possible devastating implications for animal or public health, economy, society or environment, it should be possible for these measures to be adopted by the urgency procedure.
Amendment 219 #
Proposal for a regulation
Recital 86 a (new)
Recital 86 a (new)
(86a) Disease control measures that become necessary in the event of a disease outbreak may adversely affect biodiversity and the conservation of farm animal genetic resources. In keeping with the Convention on Biological Diversity and the EU Biodiversity Strategy, the competent authority should take account of the impact on biodiversity and farm animal genetic resources when determining the application of disease control measures.
Amendment 227 #
Proposal for a regulation
Recital 155
Recital 155
(155) The rules laid down in the legislative acts referred to in recital 154 are to be replaced by this Regulation and by subsequent Commission acts to be adopted pursuant to this Regulation. Accordingly, those legislative acts should be repealed. Howev, except very recent and still under negotiation ones. In order, to ensure legal clarity and avoid a legal vacuum, the repeal should only take effect when the relevant delegated and implementing acts are adopted pursuant to this Regulation. It is therefore necessary to provide the Commission with the empowerment to determine the dates when the repeal of those legislative acts should take effect.
Amendment 228 #
Proposal for a regulation
Recital 158
Recital 158
(158) In order to ensure legal certainty as regards the application of rules for identification and registration of animals, disease control measures for certain zoonoses and non-commercial movements of pet animals, 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 in respect of the date on which Regulations (EC) No 1760/2000, (EU) No XXX/XXX [Ex-998/2003] and (EC) No 21/2004 and Directives 92/66/EEC, 2000/75/EC, 2001/89/EC, 2002/60/EC, 2003/85/EC, 2005/94/EC and 2008/71/EC cease to apply.
Amendment 233 #
Proposal for a regulation
Article 1 – paragraph 2 – point b – point i – indent 2 a (new)
Article 1 – paragraph 2 – point b – point i – indent 2 a (new)
- biodiversity;
Amendment 267 #
Proposal for a regulation
Article 9 – paragraph 1 – point a a (new)
Article 9 – paragraph 1 – point a a (new)
(aa) be responsible for requesting that an animal health visit, as determined in Article 23 of this Regulation, is carried out;
Amendment 268 #
Proposal for a regulation
Article 9 – paragraph 1 – point a b (new)
Article 9 – paragraph 1 – point a b (new)
(ab) ensure responsible use of veterinary medicines;
Amendment 290 #
Proposal for a regulation
Article 61 – paragraph 2 – point b a (new)
Article 61 – paragraph 2 – point b a (new)
(ba) the effect of the measures on farm animal genetic diversity and the need to conserve farm animal genetic resources.
Amendment 296 #
Proposal for a regulation
Part 1 – chapter 3 – section 2 – title
Part 1 – chapter 3 – section 2 – title
Veterinarians and, aquatic animal health professionals and bee health professionals
Amendment 298 #
Proposal for a regulation
Article 11 – title
Article 11 – title
Responsibilities of veterinarians and, aquatic animal health professionals and bee health professionals
Amendment 314 #
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2 a. Bee health professionals may undertake activities attributed to veterinarians under this regulation in relation to bees provided that they are authorised to do so under national legislation. In that event, paragraph 1 shall apply to those bee health professionals.
Amendment 315 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 253adopt guidance concerning the qualifications of veterinarians and, aquatic animal health professionals and bee health professionals undertaking activities which fall within the scope of this Regulation.
Amendment 319 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Member States shall support operators and animal professionals in acquiring, maintaining and developing the basic knowledge of animal health provided for in Article 10 through relevant programmes in agricultural or aquaculture sectors or formal education and in a manner which is deemed appropriate by the Member State.
Amendment 326 #
Proposal for a regulation
Article 103 – paragraph 2 – introductory part
Article 103 – paragraph 2 – introductory part
2. The Commission shall be empowered to adopt delegated acts in accordance with Article 253 concerning the recording of information related to animals, other than pet animals, of species other than those referred to in paragraph 1(a),(b) and (c) of this Article, in the computer database provided for in that paragraph where necessary, taking into account the risks posed by those species, to:
Amendment 357 #
Proposal for a regulation
Article 121 – paragraph 2 – point -a (new)
Article 121 – paragraph 2 – point -a (new)
(-a) they show no clinical signs of disease;
Amendment 357 #
Proposal for a regulation
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
1. Natural and legal persons shall immediately notify:Animal professionals, operators and pet keepers shall immediately notify a veterinarian of abnormal mortalities and other serious disease signs or significant decreased production rates with an undetermined cause in animals.
Amendment 360 #
Proposal for a regulation
Article 16 – paragraph 1 – point a
Article 16 – paragraph 1 – point a
Amendment 362 #
Proposal for a regulation
Article 16 – paragraph 1 – point b
Article 16 – paragraph 1 – point b
Amendment 364 #
Proposal for a regulation
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
1 a. Veterinarians shall immediately notify the competent authority in the event of an outbreak or suspicion of an outbreak of a listed disease referred to in Article 8(1)(e) for further investigation, including sampling for laboratory examination where the situation so warrants.
Amendment 365 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Member States may decide thatpermit or require notifications provided for in paragraph 1(b) shall to be directed to the competent authority.
Amendment 366 #
Proposal for a regulation
Article 16 – paragraph 3 – introductory part
Article 16 – paragraph 3 – introductory part
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 253 concerning: principles for the further investigation provided for in paragraph [1 a] of this Article.
Amendment 367 #
Proposal for a regulation
Article 16 – paragraph 3 – point a
Article 16 – paragraph 3 – point a
Amendment 368 #
Proposal for a regulation
Article 16 – paragraph 3 – point b
Article 16 – paragraph 3 – point b
Amendment 384 #
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 1 – introductory part
Article 23 – paragraph 1 – subparagraph 1 – introductory part
Operators shall ensure that establishments under their responsibility receive animal health visits from a veterinarian whenor any other special adviser as appropriate due to the risks posed by the establishment, taking into account:
Amendment 389 #
Proposal for a regulation
Article 258 – paragraph 2 – subparagraph 1 – indent 1
Article 258 – paragraph 2 – subparagraph 1 – indent 1
Amendment 390 #
Proposal for a regulation
Article 258 – paragraph 2 – subparagraph 1 – indent 19
Article 258 – paragraph 2 – subparagraph 1 – indent 19
Amendment 391 #
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 2
Article 23 – paragraph 1 – subparagraph 2
Those animal health visits shall be at frequencies that are proportionate to the risks posed by the establishmentcarried out when deemed necessary by the operator.
Amendment 392 #
Proposal for a regulation
Article 259 – title
Article 259 – title
Transitional measures related to the repeal of Regulation (EC) No 1760/2000, Regulation (EC) No 21/2004 and Directive 2008/71/EC
Amendment 393 #
Proposal for a regulation
Article 259 – paragraph 1
Article 259 – paragraph 1
1. Notwithstanding Article 258(2) of this Regulation, Regulations (EC) No 1760/2000, and (EC) No 21/2004 and Directive 2008/71/EC shall continue to apply until the date to be determined in a delegated act adopted in accordance with paragraph 2 of this Article.
Amendment 397 #
Proposal for a regulation
Annex III – point 1
Annex III – point 1
Amendment 398 #
Proposal for a regulation
Annex III – point 18
Annex III – point 18
Amendment 410 #
Proposal for a regulation
Article 28 – introductory part
Article 28 – introductory part
The Commission shall be empowered to adopt delegated acts in accordance with Article 253adopt guidance concerning:
Amendment 411 #
Proposal for a regulation
Article 28 – point a a (new)
Article 28 – point a a (new)
(aa) the format and procedure for: (i) the submission of surveillance programmes for information to the Commission and other Member States; (ii) reporting to the Commission on the results of the surveillance.
Amendment 412 #
Proposal for a regulation
Article 29 – paragraph 1 – point b
Article 29 – paragraph 1 – point b
Amendment 456 #
Proposal for a regulation
Article 46 – paragraph 1 – subparagraph 1
Article 46 – paragraph 1 – subparagraph 1
The Member States may take measures concerning the use of veterinary medicinal products for listed diseases, to ensure the most efficient disease prevention or control for those diseases, provided that such measures comply with the rules on the use of veterinary medicinal products laid down in delegated acts adopted pursuant to Article 47.
Amendment 480 #
Proposal for a regulation
Article 57 – paragraph 1
Article 57 – paragraph 1
1. The competent authority shall carry out an epidemiological enquiry in event of thea strong suspicion or confirmation of a listed disease referred to in Article 8(1)(a) in animals.
Amendment 481 #
Proposal for a regulation
Article 57 – paragraph 2 – point b
Article 57 – paragraph 2 – point b
(b) calculating the likely length of time thatdate of entry of the disease agent that is the cause of the listed disease has been present;
Amendment 483 #
Proposal for a regulation
Article 59 – title
Article 59 – title
Lifting of preliminary disease control measures where the presence of the listed disease or an emerging disease has been ruled out
Amendment 484 #
Proposal for a regulation
Article 59
Article 59
The competent authority shall continue to apply the preliminary disease control measures provided for in Article 55(1) and Article 56, until the presence of the listed diseases referred to in Article 8(1)(a) or an emerging disease has been ruled out based on the information referred to in Article 58(1) or rules adopted pursuant to Article 58(2).
Amendment 494 #
Proposal for a regulation
Article 61 – paragraph 2 – point b a (new)
Article 61 – paragraph 2 – point b a (new)
(ba) the effect of the measures on farm animal genetic diversity and the need to conserve farm animal genetic resources.
Amendment 505 #
Proposal for a regulation
Article 67 – subparagraph 1
Article 67 – subparagraph 1
The Commission shall be empowered to adopt delegated acts in accordance with Article 253, concerning detailed rules onadopt guidance concerning the disease control measures to be taken in a restricted zone provided for in Article 65(1) for each listed disease referred to in Article 8(1)(a). That guidance shall take into account the standards of the World Organization for Animal Health and shall cover the following matters:
Amendment 506 #
Proposal for a regulation
Article 67 – subparagraph 2 – point b
Article 67 – subparagraph 2 – point b
(b) principles concerning the procedures for cleaning, disinfection and disinfestation provided for in Article 65(1)(f), specifying, where appropriate the use of biocidal products for those purposes;
Amendment 577 #
Proposal for a regulation
Article 92 – paragraph 2 – introductory part
Article 92 – paragraph 2 – introductory part
2. The Commission shall be empowered to adopt delegated acts in accordance with Article 253adopt guidance concerning the requirements provided for in paragraph 1 of this Article as regards:
Amendment 578 #
Proposal for a regulation
Article 92 – paragraph 3
Article 92 – paragraph 3
Amendment 592 #
Proposal for a regulation
Article 100 – paragraph 1 – point a – point i a (new)
Article 100 – paragraph 1 – point a – point i a (new)
(ia) establishments where the number of movements of kept terrestrial animals into and from which is low;
Amendment 593 #
Proposal for a regulation
Article 100 – paragraph 1 – point a – point ii
Article 100 – paragraph 1 – point a – point ii
(ii) establishments keeping, or transporters handling a small number of kept terrestrial animals or small volume of germinal products;
Amendment 609 #
Proposal for a regulation
Article 103 – paragraph 2 – introductory part
Article 103 – paragraph 2 – introductory part
2. The Commission shall be empowered to adopt delegated acts in accordance with Article 253 concerning the recording of information related to animals, other than pet animals, of species other than those referred to in paragraph 1(a),(b) and (c) of this Article, in the computer database provided for in that paragraph where necessary, taking into account the risks posed by those species, to:
Amendment 651 #
Proposal for a regulation
Article 121 – paragraph 2 – point a a (new)
Article 121 – paragraph 2 – point a a (new)
(aa) they show no clinical signs of disease;
Amendment 654 #
Proposal for a regulation
Article 122 – paragraph 1 – introductory part
Article 122 – paragraph 1 – introductory part
1. Operators shall take the appropriate and necessary preventive and health- promotion measures to ensure that:
Amendment 656 #
Proposal for a regulation
Article 122 – paragraph 1 – point a
Article 122 – paragraph 1 – point a
(a) the health status of kept terrestrial animals is not jeopardisadequately maintained during transport;
Amendment 657 #
Proposal for a regulation
Article 122 – paragraph 1 – point b
Article 122 – paragraph 1 – point b
(b) transport operations of kept terrestrial animals do not cause the potential spread of listed diseases referred to in Article 8(1)(d) to humans and animals at places of assembly, loading, unloading, reloading, resting and destination;
Amendment 664 #
Proposal for a regulation
Article 129
Article 129
Amendment 676 #
Proposal for a regulation
Article 146 – paragraph 2 – point b
Article 146 – paragraph 2 – point b
(b) remain valid for the period of time, provided for in the rules adopted pursuant to paragraph 4(c), during whichen days, provided that the kept terrestrial animals covered by it, continue to comply with the animal health guarantees contained in it.
Amendment 677 #
Proposal for a regulation
Article 146 – paragraph 3
Article 146 – paragraph 3
3. The official veterinarian shall, before signing an animal health certificate, verify that the kept terrestrial animals covered by it comply with the requirements of this Chapter by means of documentary, identity and physical checks as provided for by delegated acts adopted pursuant to paragraph 4.
Amendment 678 #
Proposal for a regulation
Article 146 – paragraph 4 – introductory part
Article 146 – paragraph 4 – introductory part
4. The Commission shall be empowered to adopt delegated acts in accordance with Article 253 laying down rules foradopt guidance concerning:
Amendment 679 #
Proposal for a regulation
Article 146 – paragraph 4 – point a
Article 146 – paragraph 4 – point a
(a) the types of documentary, identity and physical checks for different species and categories of kept terrestrial animals that mustshould be carried out by the official veterinarian in accordance with paragraph 3 of this Article to verify compliance with the requirements of this Chapter;
Amendment 680 #
Proposal for a regulation
Article 146 – paragraph 4 – point c
Article 146 – paragraph 4 – point c
Amendment 699 #
Proposal for a regulation
Article 169 – introductory part
Article 169 – introductory part
Where a disease other than listed diseases constitutes a significant risk for the animal health situation of kept terrestrial animals in a Member State, the Member State concerned may take exceptional national measures to control that disease, provided those measures do not:
Amendment 701 #
Proposal for a regulation
Article 169 – point b a (new)
Article 169 – point b a (new)
(ba) exceed what a consideration of actual risk suggests is necessary;
Amendment 702 #
Proposal for a regulation
Article 169 – point b b (new)
Article 169 – point b b (new)
(bb) impede safe trade within the EU and with third countries.
Amendment 706 #
Proposal for a regulation
Article 170 – paragraph 1 – introductory part
Article 170 – paragraph 1 – introductory part
1. Operators ofNatural and legal persons intending to operate aquaculture establishments shall, in order to be registered in accordance with Article 171, before they commence such activities:
Amendment 707 #
Proposal for a regulation
Article 170 – paragraph 1 – point b – point iii
Article 170 – paragraph 1 – point b – point iii
(iii) the categories, species and numbers of aquaculture animals intended to be kept on the aquaculture establishment and the capacity of the aquaculture establishment;
Amendment 710 #
Proposal for a regulation
Article 174 – paragraph 1 – point a – introductory part
Article 174 – paragraph 1 – point a – introductory part
(a) aquaculture establishments where aquaculture animals are kept with the view to their being moved from that aquaculture establishment either alive or as products of aquaculture animal origin, however, such application shall not be required where they are solely moved either for:.
Amendment 711 #
Proposal for a regulation
Article 174 – paragraph 1 – point a – point i
Article 174 – paragraph 1 – point a – point i
Amendment 712 #
Proposal for a regulation
Article 174 – paragraph 1 – point a – point ii
Article 174 – paragraph 1 – point a – point ii
Amendment 713 #
Proposal for a regulation
Article 174 – paragraph 1 a (new)
Article 174 – paragraph 1 a (new)
1a. By way of derogation from paragraph 1, the competent authority may exempt from the obligation to apply for approval operators of aquaculture establishments where aquaculture animals are solely moved either: (i) for a direct supply for human consumption of small quantities to the final consumer; or (ii) to local retail establishments directly supplying the final consumer, provided that such movements do not pose a significant risk.
Amendment 714 #
Proposal for a regulation
Article 177
Article 177
Amendment 715 #
Proposal for a regulation
Article 178 – paragraph 1 – introductory part
Article 178 – paragraph 1 – introductory part
1. OIntending operators shall, for the purposes of their application for the approval of their establishment provided for in Article 174(1), Article 175, Article 176(a) and Article 177 provide the competent authority with the information on:
Amendment 716 #
Proposal for a regulation
Article 178 – paragraph 1 – point c
Article 178 – paragraph 1 – point c
(c) the categories, species and numbers of aquaculture animals intended to be kept on the establishment;
Amendment 720 #
Proposal for a regulation
Article 188 – paragraph 1 – point a – point i a (new)
Article 188 – paragraph 1 – point a – point i a (new)
(ia) aquaculture establishments the number of movements of animals into and from which is low;
Amendment 721 #
Proposal for a regulation
Article 188 – paragraph 1 – point a – point ii
Article 188 – paragraph 1 – point a – point ii
(ii) aquaculture establishments keeping a small number of animals or transporters transporting a small number of animals;
Amendment 723 #
Proposal for a regulation
Article 193 – paragraph 1 – introductory part
Article 193 – paragraph 1 – introductory part
1. Operators of establishments and food business establishments receiving aquaculture animals shall, before the aquaculture animals are unloaded:
Amendment 724 #
Proposal for a regulation
Article 193 – paragraph 1 – point a a (new)
Article 193 – paragraph 1 – point a a (new)
(aa) inspect the consignment for any irregularity;
Amendment 725 #
Proposal for a regulation
Article 193 – paragraph 2
Article 193 – paragraph 2
2. In the event of any irregularity as referred to in paragraph 1(b), the operator shall isolatenot permit the aquaculture animals concerned by that irregularity to be unloaded until the competent authority has taken a decision regarding them.
Amendment 729 #
Proposal for a regulation
Article 196 – paragraph 1 – point b
Article 196 – paragraph 1 – point b
Amendment 730 #
Proposal for a regulation
Article 197
Article 197
By way of derogation from Article 196(1), Member States may authorise operators to move aquaculture animals into a zone or compartment within anotheir Member Stateterritory for which an eradication programme has been established in accordance with Article 30(1) and (2) as regards the listed diseases referred to in Article 8(1)(b) and (c), from another zone or compartment in another Member State for which such a programme has also been established for the same listed diseases, provided that such movement will not jeopardise the health status of the Member State, zone or compartment of destination.
Amendment 731 #
Proposal for a regulation
Article 205 – point a – point i
Article 205 – point a – point i
(i) zoos, pet shops and wholesalers;
Amendment 732 #
Proposal for a regulation
Article 205 – point b
Article 205 – point b
(b) derogations from Sections 1 to 4 with the exception of Article 190(1) and (3) and Articles 191, 192 and 193 for the movements of aquatic animals referred to in point (a), provided that adequate biosecurity provisions are in place to ensure that those movements do not pose a significant risk to the health status of the place of destination.