Activities of James NICHOLSON related to 2013/0141(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on protective measures against pests of plants
Amendments (34)
Amendment 54 #
Proposal for a regulation
Recital 33 a (new)
Recital 33 a (new)
(33a) Distance sales of plants may pose a high phytosanitary risk when commodities are infested with non-native pests including quarantine pests. In particular, consignments of plants imported from third countries and purchased through distance sales are in many cases non- compliant with the phytosanitary import requirements of the Union. In order to tackle these shortcomings, raising awareness of consumers and plant traders and ensuring the traceability of distance sales established both within the Union and in third countries are essential.
Amendment 56 #
Proposal for a regulation
Recital 35
Recital 35
(35) Professional operators operating at more than one premise should be given the possibility to register separately for each of those premises but should not be required to do so.
Amendment 76 #
Proposal for a regulation
Recital 33 a (new)
Recital 33 a (new)
(33a) Distance sales of plants may pose a high phytosanitary risk when commodities are infested with non-native pests including quarantine pests. In particular, consignments of plants imported from third countries and purchased through distance sales are in many cases non- compliant with the phytosanitary import requirements of the EU. In order to tackle these shortcomings, raising awareness of consumers and plant traders and ensuring the traceability of distance sales established both within the EU and in third countries are essential.
Amendment 77 #
Proposal for a regulation
Recital 35
Recital 35
(35) Professional operators operating at more than one premise should be given the possibility to register separately for each of those premises but should not be required to do so.
Amendment 80 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7 – point d
Article 2 – paragraph 1 – point 7 – point d
(d) introduction into, and movement within, and out of the Union territory where activities could give rise to a phytosanitary risk;
Amendment 83 #
Proposal for a regulation
Recital 77
Recital 77
(77) For small and medium enterprises, this Regulation doesshould not create disproportionate administrative burden or economic impact. Under this Regulation, based on consultation with stakeholders, the special situation of small and medium enterprises has been taken into account where possible. A potential universal exemption for micro-enterprises, which make up the majority of companies, has not been considered, in view of the public policy objective(s) to protect plant health.
Amendment 84 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7 – point d
Article 2 – paragraph 1 – point 7 – point d
(d) introduction into, and movement within, and out of the Union territory where activities could give rise to a phytosanitary risk;
Amendment 100 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 4
Article 6 – paragraph 2 – subparagraph 4
Amendment 103 #
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
Member States shall ensure on a regular basis information is available to the public on key principles about prevention and spread of pests and the responsibility of society as a whole to ensure healthy plants in the European territory.
Amendment 104 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Where a Member State has evidence that there is an imminent danger of the entry of a Union quarantine pest into the Union territory or into a part of that territory where it is not yet present, that Member State shall immediately and in writing notify the Commission and the other Member States of that evidence.:
Amendment 105 #
Proposal for a regulation
Article 14 – paragraph 1 – point a (new)
Article 14 – paragraph 1 – point a (new)
(a) in writing notify the Commission and the other Member States of that evidence;
Amendment 106 #
Proposal for a regulation
Article 14 – paragraph 1 – point b (new)
Article 14 – paragraph 1 – point b (new)
(b) based on the risk, take all necessary measures to prevent the entrance of such pests into the Union territory.
Amendment 111 #
Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 1
Article 18 – paragraph 1 – subparagraph 1
Competent authorities shall annually, on a risk basis and with appropriate frequency, carry out a survey of each restricted area as regards the development of the presence of the pest concerned.
Amendment 112 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Where as a result of an annualthe survey a competent authority finds a presence of the pest concerned in the buffer zone, the Member State concerned shall immediately notify that presence to the Commission and the other Member States specifying that the pest was found present in a buffer zone.
Amendment 118 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 4
Article 6 – paragraph 2 – subparagraph 4
Amendment 126 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Where anyone becomes aware of the presence of a Union quarantine pest or has reason to suspect such a presence, that person shall notify the competent authority immediately and shall confirm notification, in writing, to the competent authority within ten calendar days.
Amendment 128 #
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
Member States shall ensure on a regular basis information is available to the public on key principles about prevention and spread of pests and the responsibility of society as a whole to ensure healthy plants in the Union territory..
Amendment 129 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Where a Member State has evidence that there is an imminent danger of the entry of a Union quarantine pest into the Union territory or into a part of that territory where it is not yet present, that Member State shall immediately and in writing notify the Commission and the other Member States of that evidence.:
Amendment 130 #
Proposal for a regulation
Article 14 – paragraph 1 – point 1 (new)
Article 14 – paragraph 1 – point 1 (new)
(1) in writing notify the Commission and the other Member States of that evidence;
Amendment 131 #
Proposal for a regulation
Article 14 – paragraph 1 – point 2 (new)
Article 14 – paragraph 1 – point 2 (new)
(2) based on the risk, take all necessary measures to prevent the entrance of such pests into the Union territory.
Amendment 136 #
Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 1
Article 18 – paragraph 1 – subparagraph 1
Competent authorities shall annually, on a risk basis and with appropriate frequency, carry out a survey of each restricted area as regards the development of the presence of the pest concerned.
Amendment 137 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Where as a result of an annualthe survey a competent authority finds a presence of the pest concerned in the buffer zone, the Member State concerned shall immediately notify that presence to the Commission and the other Member States specifying that the pest was found present in a buffer zone.
Amendment 156 #
Proposal for a regulation
Article 74 – paragraph 4 a (new)
Article 74 – paragraph 4 a (new)
(4a) The Commission shall, not later than …*, submit a report to the European Parliament and the Council to present the experience gained from the extension of the plant passport system to all movement of plants, plant products and other objects within the Union territory with a clear analysis of costs and benefits for the operators. _______________ * Five years after the entry into force of this Regulation.
Amendment 164 #
Proposal for a regulation
Article 95 – paragraph 6 a (new)
Article 95 – paragraph 6 a (new)
(6a) The Commission shall consult the Advisory Group on the food chain and animal and plant health established under the Commission Decision of 6 August 200431e. This advisory group shall provide inputs during the preparation of implementing and delegated acts. __________________ 31e OJ L 275, 25.8.2004, p.17
Amendment 165 #
Proposal for a regulation
Article 96 – paragraph 3
Article 96 – paragraph 3
3. The pre-export certificate shall be issued, on request of the professional operator, by the Member State in which the plants, plant products or other objects were grown, produced or processed, while those plants, plant products or other objects are on the premises of the professional operator concerned.:
Amendment 166 #
Proposal for a regulation
Article 96 – paragraph 3 – point a (new)
Article 96 – paragraph 3 – point a (new)
(a) on request of the professional operator, by the Member State in which the plants, plant products or other objects were grown, produced or processed, while those plants, plant products or other objects are on the premises of the professional operator concerned;
Amendment 167 #
Proposal for a regulation
Article 96 – paragraph 3 – point b (new)
Article 96 – paragraph 3 – point b (new)
(b) by the professional operator in case he was granted an authorisation by the competent authority to issue plant passports, as described in Articles 79, 84, 85, 86, 87 and 90 of this Regulation.
Amendment 168 #
Proposal for a regulation
Article 98 – paragraph 2
Article 98 – paragraph 2
2. The delegation of power referred to in Articles 1(2), 7(1) and (2), 8(6), 11(3), 20, 22(3), 25(4), 30, 32(4), 34(1), 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 timefive years from the entry into force of this Regulation. The delegation of power shall be tacitly extended for periods of identical duration unless the European Parliament or the Council opposes such an extension not later than 3 months before the end of each period.
Amendment 248 #
Proposal for a regulation
Article 48 a (new)
Article 48 a (new)
Article 48 a Evaluation By *, the Commission shall present a report to the European Parliament and the Council on the enforcement and effectiveness of the measures relating to imports into the Union territory, accompanied if appropriate, by a legislative proposal. * Five years after the entry into force of this Regulation.
Amendment 249 #
Proposal for a regulation
Article 59 – paragraph 2 a (new)
Article 59 – paragraph 2 a (new)
2a. The Commission shall be empowered to adopt a guidance document to harmonise rules of procedures across Member States and avoid undue delays for the release of plants, plant products and other objects from quarantine stations. In particular, clear indications should be given on when restrictions may be necessary, and which risk mitigation measures may be taken.
Amendment 279 #
Proposal for a regulation
Article 74 – paragraph 4 a (new)
Article 74 – paragraph 4 a (new)
4a. The Commission shall, not later than ...*, submit a report to the European Parliament and the Council to present the experience gained from the extension of the plant passport system to all movement of plants, plant products and other objects within the Union territory with a clear analysis of costs and benefits for the operators. (*) Five years after the entry into force of this Regulation.
Amendment 282 #
Proposal for a regulation
Article 95 – paragraph 6 a (new)
Article 95 – paragraph 6 a (new)
6a. The Commission shall consult the Advisory Group on the food chain and animal and plant health established under the Commission Decision of 6 August 2004. This advisory group shall provide inputs during the preparation of implementing and delegated acts.
Amendment 283 #
Proposal for a regulation
Article 96 – paragraph 3
Article 96 – paragraph 3
3. The pre-export certificate shall be issued, on request of the professional operator, by the Member State, or authorised professional operator as defined in Article 84, in which the plants, plant products or other objects were grown, produced or processed, while those plants, plant products or other objects are on the premises of the professional operator concerned.
Amendment 287 #
Proposal for a regulation
Article 98 – paragraph 2
Article 98 – paragraph 2
2. The delegation of power referred to in Articles 1(2), 7(1) and (2), 8(6), 11(3), 20, 22(3), 25(4), 30, 32(4), 34(1), 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 timefive years from the entry into force of this Regulation. The delegation of power shall be tacitly extended for periods of identical duration unless the European Parliament or the Council opposes such an extension not later than 3 months before the end of each period.