Activities of Horst SCHNELLHARDT related to 2013/0140(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health, plant reproductive material, plant protection products and amending Regulations (EC) No 999/2001, 1829/2003, 1831/2003, 1/2005, 396/2005, 834/2007, 1099/2009, 1069/2009, 1107/2009, Regulations (EU) No 1151/2012, [….]/2013 and Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC, 2008/120/EC and 2009/128/EC (Official Controls Regulation) PDF (1 MB) DOC (1 MB)
Amendments (173)
Amendment 59 #
Proposal for a regulation
Title
Title
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health, plant reproductive material, plant protection products and amending Regulations (EC) No 999/2001, 1829/2003, 1831/2003, 1/2005, 396/2005, 834/2007, 1099/2009, 1069/2009, 1107/2009, Regulations (EU) No 1151/2012, [….]/2013 [Office of Publications, please insert number of Regulation laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material], and Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC, 2008/120/EC and 2009/128/EC (Official controls Regulation) (Text with EEA relevance)
Amendment 61 #
Proposal for a regulation
Recital 1
Recital 1
(1) The Treaty requires a high level of human health protection to be ensured in the definition and implementation of all Union policies and activities. The achievement of that objective should, inter alia, be pursued via measures in the veterinary and phytosanitary fields which have as their direct objective the protection of human health.
Amendment 62 #
Proposal for a regulation
Recital 3
Recital 3
(3) Union legislation provides for a set of harmonised rules to ensure that food and feed are safe and wholesome and that activities which might have an impact on the safety of the food chain or on the protection of consumers interests in relation to food and food information are performed in accordance with specific requirements. Union rules exist also to ensure a high level of human, and animal and plant health and animal welfare along the food chain and in all those areas of activity where a key objective is the fight against the possible spread of animal diseases, in some cases transmissible to humans, or of pests injurious to plants or plant products, and to ensure the protection of the environment from risks that might arise from GMOs and plant protection products. Union rules also guarantee the identity and quality of plant reproductive material. The correct application of those rules, hereinafter collectively referred to as 'Union agri-food chain legislation', contributes to the functioning of the internal market.
Amendment 63 #
Proposal for a regulation
Recital 4
Recital 4
(4) The basic Union rules with regard to food and feed law are laid down in Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and setting out procedures in matters of food safety10. In addition to those rules, more specific food and feed law covers different areas such as animal nutrition, including medicated feedingstuffs, food and feed hygiene, zoonoses, animal by-products, residues of veterinary medicinal products, contaminants, control and eradication of animal diseases with a human health impact, food and feed labelling, plant protection products, food and feed additives, vitamins, mineral salts, trace elements and other additives, food contact materials, quality and compositional requirements, drinking water, ionisation, and novel foods and genetically modified organisms (GMOs). __________________ 10 OJ L 31, 01.02.02, p. 1.
Amendment 64 #
Proposal for a regulation
Recital 7
Recital 7
Amendment 66 #
Proposal for a regulation
Recital 8
Recital 8
Amendment 68 #
Proposal for a regulation
Recital 14
Recital 14
Amendment 70 #
Proposal for a regulation
Recital 16
Recital 16
(16) In order to rationalise and simplify the overall legislative framework, whilst simultaneously pursuing the objective of better regulation, the rules applicable to official controls in specific areas should be integrated into a single legislative framework for official controlshould be more closely integrated, provided that they pursue the same objective with regard to control activities. For that purpose, Regulation (EC) No 882/2004 and other acts currently governing official controls in specific areas should be repealed and replaced by this Regulation.
Amendment 71 #
Proposal for a regulation
Recital 20
Recital 20
(20) Union agri-food chain legislation entrusts the competent authorities of the Member States with specialised tasks to be carried out for the protection of animal health, plant health and animal welfare, for the protection of the environment in relation to GMOs and plant protection products, and in order to ensure the identity and a high quality of plant reproductive material. Those tasks are the public interest activities which the competent authorities of the Member States must carry out for the purpose of eliminating, containing or reducing risks which may arise for human, or animal or plant health, or animal welfare, or for the environment. Those activities, which include product approval, surveying, surveillance and monitoring including for epidemiologic purposes, and the eradication and containment of diseases, and other disease control tasks, are governed by the same sectoral rules which are enforced through the official controls.
Amendment 78 #
Proposal for a regulation
Recital 26
Recital 26
(26) The competent authorities should ensure that, with the exception of internal reporting obligations, staff responsible for official controls does not disclose information acquired during the performance of such controls which is covered by professional secrecy. UnlessWhere there is an overriding interest justifying disclosure, professional secrecy should include information which would undermine the purpose of inspections, investigations or audits, the protection of commercial interests and the protection of court proceedings and legal advice. However, professional suspicion of risk to human or animal health or of other serious breaches of food law, the competent authorities should take suitable steps to inform the public. The measures taken should be in proportion to the scale of the infringement, in particular when naming specrecy should not prevent competent authorities from disclosing fific products or operators concerned. Factual information on the outcome of an official controls regarding individual operators may be divulged when the operator concerned has been allowed to comment upon it prior to the disclosure and such comments have been taken into account, or and released alongside and at the same time as the information being divulged by the competent authorities. The need to respect professional secrecy is also without prejudice to the obligation to inform the general public where there are reasonable grounds to suspect that food or feed may present a risk for health in accordance with Article 10 of Regulation (EC) No 178/2002. The obligation for competent authorities to inform the general public in cases where there are reasonable grounds to suspect that a food or feed may present a risk for human or animal health, in accordance with Article 10 of Regulation (EC) No 178/2002, and the right of individuals to the protection of their personal data as provided for in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data16 should not be affected by this Regulation. __________________ 16 OJ L 281, 23.11.95, p. 31. OJ L 281, 23.11.95, p. 31.
Amendment 79 #
Proposal for a regulation
Recital 28
Recital 28
(28) To preserve the effectiveness of official controls in the verification of compliance, no warning should be given of the timing of the controls prior to performing controls, unless the nature of the official control activities requires otherwise (as is notably the case of audit activities).
Amendment 81 #
Proposal for a regulation
Recital 34
Recital 34
(34) To facilitate the identification of non- compliances and streamline the taking of corrective action by the operator concerned, the outcome of official controls which identify non-compliances with the rules should be recorded in a report, a. A copy of whichthat report should also be given to the operator. Where official controls require the continuous or regular presence of the staff of the competent authorities to monitor the operator's activities, a report of each individual inspection or visit to the operator would be disproportionate. In such cases reports should be prepared with a frequency that enables the competent authorities and the operator to be regularly informed of the level of compliance and immediately notified of any identified shortcomings. In the interests of reducing the administrative burden, it should also be sufficient to record the outcome of official controls at border control posts in the Common Health Entry Document.
Amendment 82 #
Proposal for a regulation
Recital 36
Recital 36
(36) This Regulation establishes a single legislative framework for the organisation of official controls to verify compliance with agri-food chain rules in all the areas that such rules cover. In some of those areas, Union legislation lays down detailed requirements to be complied with which require special skills and specific means for the performance of official controls. To avoid diverging enforcement practices which could generate uneven protection of human, and animal and plant health, and animal welfare and, as regards GMOs and plant protection products, of the environment, disrupt the functioning of the internal market for animals and goods falling within the scope of this Regulation and distort competition, the Commission should be able to supplement the rules laid down in this Regulation through the adoption of specific official control rules capable of catering for the needs of controls of those areas. In particular, such rules should lay down specific requirements for the performance of official controls and minimum frequencies for such controls, specific or additional measures to those provided for in this Regulation that competent authorities should take in relation to non-compliances, specific responsibilities and tasks of the competent authorities in addition to those provided for in this Regulation and specific criteria for triggering the administrative assistance mechanisms provided for in this Regulation. In other cases, such additional rules might become necessary in order to provide a more detailed framework for the performance of official controls in relation to food and feed, where new information emerges about risks to human or animal health or, in relation to GMOs and plant protection products to the environment, indicating that in the absence of common specifications for the performance of official controls across the Member States, the controls would fail to deliver the expected level of protection against those risks, as provided for by Union agri-food chain legislation. (This amendment applies throughout.)
Amendment 84 #
Proposal for a regulation
Recital 38
Recital 38
(38) To ensure the reliability and consistency of official controls and other official activities across the Union, the methods used for sampling and for laboratory analyses, tests and diagnoses should meet state-of-the-art scientific standards, satisfy the specific analytical, testing and diagnostic need of the laboratory concerned, and offer sound and reliable analytical, test and diagnostic results. Clear rules should be established for the choice of the method to be used where more than one is available from different sources, such as the International Organisation for Standardisation (ISO), the European and Mediterranean Plant Protection Organisation (EPPO), the International Plant Protection Convention (IPPC), the World Organisation for Animal Health (OIE), European Union and national reference laboratories, or national rules.
Amendment 85 #
Proposal for a regulation
Recital 39
Recital 39
(39) Operators whose animals or goods are subject to sampling, analysis, test or diagnosis in the context of official controls should have the right to apply for a second expert opinion which should include the taking of a second sample for the purposes of counter-analysis, counter-test or counter-diagnosis unless any such second sampling is technically impossible or irrelevant. Such would be the case, in particular, where the prevalence of the hazard is particularly low in the animal or good or its distribution particularly sparse or irregular. The IPPC for that reason rejects the use of counter-samples for assessing the presence of quarantine organisms in plants or plant products.
Amendment 86 #
Proposal for a regulation
Recital 43
Recital 43
(43) In order to ensure flexibility and proportionality of approach, in particular for animal health or plant health laboratories, provision should be made for the adoption of derogations aimed at allowing certain laboratories not to be accredited for all the methods they use. Moreover, accreditation of a laboratory for all the methods it should use as official laboratory might not be immediately available in certain cases where new or recently modified methods should be used, and in cases of emerging risks or in emergency situations. Under certain conditions, official laboratories should therefore be allowed to carry out analyses, tests and diagnoses for the competent authorities before they obtain the relevant accreditation.
Amendment 87 #
Proposal for a regulation
Recital 45
Recital 45
(45) Given the risks to human, or animal or plant health, or animal welfare or to the environment that certain animals or goods may pose, they should be subject to specific official controls to be performed upon them at their entry into the Union. Current Union rules require the performance of official controls at Union borders to verify that human health, animal health and animal welfare standards applicable to animals, products of animal origin, germinal products and animal by- products are met and that plants and plant products comply with phytosanitary requirements. Increased controls at entry into the Union are also performed on certain other goods where emerging or known risks so warrant. The specificities of such controls, currently governed by the provisions of Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries18, Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC19, Council Directive 2000/29 and Commission Regulation (EC) No 669/2009 implementing Regulation (EC) No 882/2004 of the European Parliament and the Council as regards the increased level of official controls on imports of certain food and feed of non-animal origin and amending Decision 2006/504/EC20, should be provided for in this Regulation. __________________ 18 19 20OJ L 24, 30.1.1998, p. 9. OJ L 24, 30.01.98, p. 9. 19 OJ L 268, 24.9.1991, p. 56. OJ L 268, 24.09.91, p. 56. 20 OJ L 194, 25.7.2009, p. 11. OJ L 194, 25.07.09, p. 11.
Amendment 89 #
Proposal for a regulation
Recital 54
Recital 54
(54) Member States should be required to ensure that adequate financial resources are always available in order to appropriately staff and equip the competent authorities performing official controls and other official activities. Although operators are primarily responsible for ensuring that their activities are carried out in compliance with Union agri-food chain rules, the system of own controls that they put in place for that purpose needs to be complemented by a dedicated system of official controls maintained by each Member State to ensure effective market surveillance along the agri-food chain. Such a system is, by its very nature, complex and resource demanding and should be provided with a stable influx of resources for official controls, at a level appropriate to the enforcement needs at any given moment. To reduce the dependency of the official control system from public finances, competent authorities should collect feebe able to collect fees or contributions to costs to cover the costs they incur when performing official controls on certain operators and for certain activities for which Union agri-food chain legislation requires registration or approval in accordance with Union rules on the hygiene of food and feed or rules governing plant health and plant reproductive material. Fee. Fees or contributions to costs should also be collected from operators to compensate the costs of official controls performed in view of issuing an official certificate or attestation, and costs of official controls performed by the competent authorities at border control posts.
Amendment 90 #
Proposal for a regulation
Recital 55
Recital 55
(55) Fees or contributions to costs should cover, but not exceed, the costs incurred by the competent authorities to perform official controls. Such costs should be calculated on the basis of each individual official control or on the basis of allthe official controls performed over a given period of time. Where fees are applied on the basis of the actual cost of individual official controls, oOperators with a good record of compliance should bear lower overall charges than non-compliant ones, as they should be subject to less frequent official controls. In order to promote compliance with Union legislation by all operators irrespective of the method (based on actual costs or on a flat rate) that each Member States will chose for the calculation of the fees, when these are calculated on the basis offinancing method chosen by each Member State, it should be possible for fees or contributions to costs to be calculated so as to reward ovperall costs incurred by the competent authorities over a given period of time, and charged on all operators irrespective of whether they are subject to an official control during the reference period, those fees should be calculated so as to reward operators with a consistent good record of compliance with Union food chain legisltors with a consistent good record of compliance with Union food chain legislation. When setting the fees or contributions to costs, Member States should take account of the particular situation of the operator concerned in relation to risk factors, turnover, production and processing methods and geographical location.
Amendment 98 #
Proposal for a regulation
Recital 61
Recital 61
(61) For the performance of official controls and other official activities on the production and marketing of plant reproductive material, and in the field of animal welfare, the competent authorities should have access to updated, reliable and consistent technical data, to research findings, new techniques and expertise necessary for the correct application of Union legislation applicable in those areas. For that purpose the Commission should be able to designate, and rely on the expert assistance of, European Union reference centres for plant reproductive material and for animal welfare.
Amendment 102 #
Proposal for a regulation
Recital 68
Recital 68
(68) Animals and goods from third countries should comply with the same requirements which apply to Union animals and goods, or with requirements which are recognised to be at least equivalent in relation to the objectives pursued by Union agri-food chain rules. This principle is enshrined in Article 11 of Regulation (EC) No 178/2002, which requires that food and feed imported into the Union must comply with the relevant requirements of the Union's food law or with requirements considered to be at least equivalent thereto. Specific requirements to apply that principle are provided for in Union rules on protective measures against pests of plants, which prohibit the introduction into the Union of certain pests which are not present (or only present to a limited extent) in the Union, in Union rules laying down animal health requirements, which allow the entry of animals and of certain products of animal origin into the Union only from third countries which are included in a list set up for that purpose, and in Union rules for the organisation of official controls on products of animal origin intended for human consumption, which also provide for the establishment of a list of third countries from which those products can enter the Union. Concerning plant reproductive material, an equivalence system is in place whereby third countries from which plant reproductive material can be imported are authorised and listed.
Amendment 103 #
Proposal for a regulation
Recital 69
Recital 69
(69) In order to ensure that animals and goods entering the Union from third countries comply with all the requirements laid down in Union agri-food chain legislation or with requirements considered equivalent, in addition to the requirements established by Union rules on protective measures against pests of plants, Union rules laying down animal health requirements, and Union rules laying down specific hygiene rules for food of animal origin to ensure that the requirements laid down in Union agri-food legislation in relation to phytosanitary and veterinary concerns are met, the Commission should be allowed to establish conditions for the entry of animals and goods into the Union to the extent necessary to ensure that those animals and goods comply with all relevant requirements of Union agri-food chain legislation or equivalent requirements. Such conditions should apply to animals or goods or categories of animals or goods from all third countries or from certain third countries or regions thereof.
Amendment 104 #
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 system21 and currently used for the management of data and information on animals and products of animal origin and official controls thereon. That system should be upgraded 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, and 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 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, 14.01.03, p. 44.
Amendment 108 #
Proposal for a regulation
Recital 77 a (new)
Recital 77 a (new)
(77a) Account should be taken of the specific needs of the developing countries, in particular the least developed countries, who should be given support in organising their official controls so that they can meet the criteria for the import of animals and goods into the EU.
Amendment 109 #
Proposal for a regulation
Recital 78
Recital 78
(78) This Regulation covers areas that are already covered in certain acts currently in force. To avoid duplications and to establish a coherent legislative framework, the following acts should be repealed and replaced by the rules of this Regulation: Council Directive 89/608/EEC of 21 November 1989 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of legislation on veterinary and zootechnical matters23; Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market24; Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra- Community trade in certain live animals and products with a view to the completion of the internal market25; Council Directive 91/496/EEC; Council Decision 92/438/EEC of 13 July 1992 on computerization of veterinary import procedures (Shift project), amending Directives 90/675/EEC, 91/496/EEC, 91/628/EEC and Decision 90/424/EEC, and repealing Decision 88/192/EEC26; Council Directive 96/23/EC; Council Directive 96/93/EC of 17 December 1996 on the certification of animals and animal products27; Council Directive 97/78/EC; Regulation (EC) No 882/2004; and Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption28. __________________ 23 24 25 26 27 28. __________________ 23 OJ L 351, 21.12.1989, p. 34. O J L 351, 21.12.89, p. 34. 24 OJ L 395, 30.12.1989, p. 13. OJ L 395, 30.12.89, p. 13. 25 OJ L 224, 18.8.1990, p. 29. OJ L 224, 18.08.90, p. 29. 26 OJ L 243, 25.8.1992, p. 27. O J L 243, 25.08.92, p. 27. 27 OJ L 13, 16.01.97, p. 28. OJ L 13, 16.01.97, p. 28. OJ L 139, 30.4.2004, p. 206.
Amendment 110 #
Proposal for a regulation
Recital 79
Recital 79
(79) In order to ensure consistency, amendments should also be effected to the following acts: Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies29; Council Regulation (EC) No 1/2005 of 22 December 2004 on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) No 1255/9730; Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum levels of pesticides in or on food and feed of plant of animal origin and amending Council Directive 91/414//EEC31; Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) 2092/9132; Regulation (EC) No 1069/2009; Council Regulation (EC) No 1099/2009 of 24 September 2009 on the protection of animals at the time of killing33; Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC34; Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs35; Council Directive 98/58/EC of 20 July 1998 concerning the protection of animals kept for farming purposes36; Council Directive 1999/74/EC of 19 July 1999 laying down minimum standards for the protection of laying hens37; Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed38; Regulation (EC) No 1831/2003 of the European Parliament and the Council of 22 September 2003 on additives for use in animal nutrition39; Council Directive 2007/43/EC of 28 June 2007 laying down minimum rules for the protection of chickens kept for meat production40; Council Directive 2008/119/EC of 18 December 2008 laying down minimum standards for the protection of calves41; Council Directive 2008/120/EC of 18 December 2008 laying down minimum standards for the protection of pigs42; Directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the Community action to achieve the sustainable use of pesticides43. __________________ 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43OJ L 147, 31.5.2001, p. 1. OJ L 147, 31.5.2001, p. 1. 30 OJ L 3, 5.1.2005, p. 1. OJ L 3, 5.1.2005, p. 1. 31 OJ L 70, 16.3.2005, p. 1. OJ L 70, 16.3.2005, p. 1. 32 OJ L 189, 20.7.2007, p. 1. OJ L 189, 20.7.2007, p. 1. 33 OJ L 303, 18.11.2009, p. 1. OJ L 303, 18.11.2009, p. 1. 34 OJ L 309, 24.11.2009, p. 1. OJ L 309, 24.11.2009, p. 1. 35 OJ L 343, 14.12.2012, p. 1. OJ L 343, 14.12.2012, p. 1. 36 OJ L 221, 8.8.1998, p. 23. OJ L 221, 8.8.1998, p. 23. 37 OJ L 203, 3.8.1999, p. 53. OJ L 203, 3.8.1999, p. 53. 38 OJ L 268, 18.10.2003, p. 1. OJ L 268, 18.10.2003, p. 1. 39 OJ L 268, 18.10.2003, p. 29. OJ L 268, 18.10.2003, p. 29. 40 OJ L 812, 12.7.2007, p. 19. OJ L 812, 12.7.2007, p. 19. 41 OJ L 10, 15.1.2009, p. 7. OJ L 10, 15.1.2009, p. 7. 42 OJ L 47, 18.2.2009, p. 5. OJ L 47, 18.2.2009, p. 5. 43 OJ L 309, 24.11.2009, p. 71. OJ L 309, 24.11.2009, p. 71.
Amendment 118 #
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
Amendment 124 #
Proposal for a regulation
Article 1 – paragraph 2 – point e
Article 1 – paragraph 2 – point e
Amendment 126 #
Proposal for a regulation
Article 1 – paragraph 2 – point g
Article 1 – paragraph 2 – point g
Amendment 130 #
Proposal for a regulation
Article 1 – paragraph 2 – point h
Article 1 – paragraph 2 – point h
Amendment 136 #
Proposal for a regulation
Article 1 – paragraph 2 – point i
Article 1 – paragraph 2 – point i
Amendment 146 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a
Article 2 – paragraph 1 – point 5 – point a
(a) the central authorities of a Member State responsible for the organisation ofing and carrying out official controls and of other official activities, in accordance with such as issuing certificates and attestations, appointing laboratories, exchanging information in the interest of cooperation between authorities, and taking decisions on measures to remedy breaches of this Regulation and the rules referred to in Article 1(2);
Amendment 150 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
6. 'animals' means animals as defined in point (1) of Article 4(1) of Regulation (EU) No XXX/XXXX [Office of Publications, please insert number of the Regulation on animal health] with the exception of ‘pets’;
Amendment 155 #
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
Amendment 159 #
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
Amendment 162 #
Proposal for a regulation
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
Amendment 166 #
Proposal for a regulation
Article 2 – paragraph 1 – point 15
Article 2 – paragraph 1 – point 15
Amendment 168 #
Proposal for a regulation
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
Amendment 172 #
Proposal for a regulation
Article 2 – paragraph 1 – point 19
Article 2 – paragraph 1 – point 19
Amendment 190 #
Proposal for a regulation
Article 2 – paragraph 1 – point 30
Article 2 – paragraph 1 – point 30
30. 'audit' means a systematic and independent examination to determine whether activities and the related results of such activities comply with planned arrangements and whether these arrangements are applied effectively and are suitable to achieve objectives;Does not affect English version. Linguistic amendment to German text.
Amendment 199 #
Proposal for a regulation
Article 2 – paragraph 1 – point 41
Article 2 – paragraph 1 – point 41
41. 'screening' means a form of official control performed by conducting a planned sequence of observations or measurements with a view to obtaining an overview of the state of compliance with this Regulation and the rules referred to in Article 1(2);Does not affect the English version. Linguistic amendment to German text.
Amendment 201 #
Proposal for a regulation
Article 2 – paragraph 1 – point 42
Article 2 – paragraph 1 – point 42
42. 'targeted screening' means a form of official control involving observation of one or more operators or their activities;Does not affect the English version. Linguistic amendment to German text.
Amendment 214 #
Proposal for a regulation
Article 2 – paragraph 1 – point 53
Article 2 – paragraph 1 – point 53
53. 'official detention' means the procedure by which the competent authorities ensure that animals and goods subject to official controls are not moved or tampered with pending a decision on their destination; it includes storage by operators in accordance with the instructions and under the control of the competent authorities;
Amendment 227 #
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
5. Member States may confer to the competent authorities referred to in paragraph 1 the responsibility to carry out controls for the verification of compliance with, or for the application of, rules, including those regulating specific risks which may arise from the presence of alien species in the Union, other than those referred to in Article 1(2).
Amendment 235 #
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) have arrangements in place to ensure the impartiality, quality and consistencyunity of purpose of official controls and other official activities at all levels;
Amendment 240 #
Proposal for a regulation
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
(e) have, or have access to, a sufficient number of suitably qualified and experienced staff staff whose qualifications and experience are suitable in the light of the control requirements under Article 1(1) and (2) so that official controls and other official activities can be performed fully, efficiently and effectively;
Amendment 245 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 253 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The Commission may, by means of implementing acts, lay down rulguidelines for the conduct of the audits provided for in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 141 (2).
Amendment 256 #
Proposal for a regulation
Article 7 – title
Article 7 – title
Amendment 258 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Competent authorities shall require members of their staff not to disclose information acquired, except where required to do so within the authority itself, when undertaking their duties in the context of official controls and other official activities which by its nature is covered by professional secrecy, subject to paragraph 2. The confidentiality requirement covers in particular the following information: - preliminary investigation proceedings or current legal proceedings, - personal data, - documents exempted under Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents, -information protected under national or EU law and relating in particular to the following: confidentiality requirement, confidentiality of deliberations, international relations and national defence.
Amendment 259 #
Proposal for a regulation
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. Unless there isIf there is reasonable suspicion of a threat to the health of humans or animals, or any overriding public interest in its disclosure, information covered by professional secrecy as referred to in paragraph 1 shall include information whose disclosure would undermine:ther substantial or repeated infringement of this Regulation, the competent authorities shall take appropriate, reasonable and proportionate measures to inform the public of the nature of the hazard or infringement without prejudice to national or Union rules regarding access to documents. For public disclosure of the names of the products or companies concerned, account shall be taken of the nature, severity and extent of the threat or infringement, as well as the measures to be taken to eliminate the hazard or infringement. Public disclosure by the authority shall only be admissible where other equally effective measures, for example notification by the originator of the hazard or infringement, are not possible or cannot be taken in time to protect legitimate consumer interests. If the suspicion proves unfounded or action is taken to end the infringement, the information publicly disclosed by the competent authorities shall be withdrawn.
Amendment 261 #
Proposal for a regulation
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
Amendment 262 #
Proposal for a regulation
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
Amendment 264 #
Proposal for a regulation
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
Amendment 269 #
Proposal for a regulation
Article 7 – paragraph 3 – introductory part
Article 7 – paragraph 3 – introductory part
3. Paragraphs 1 and 2 shall not prevent the competent authorities from publishing or making otherwise available to the public information about the outcome of official controls regarding individual operators, while taking account of any current preliminary investigations or legal proceedings, provided that the following conditions are met:
Amendment 275 #
Proposal for a regulation
Article 7 – paragraph 3 – point b
Article 7 – paragraph 3 – point b
(b) the information which is published or made otherwise available to the public takes into account the comments expressed by the operator concerned or is published or released simultaneously and together with such comments.
Amendment 281 #
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. Competent authorities shall perform official controls on all operatorundertakings regularly, on a risk basis and with appropriate frequency, taking account of:
Amendment 286 #
Proposal for a regulation
Article 8 – paragraph 1 – point a – point iv
Article 8 – paragraph 1 – point a – point iv
iv) the use of products, processes, materials or substances that may influence food or feed safety, animal health or animal welfare, plant health or plant reproductive material identity and quality, or, in the case of GMOs and plant protection products, may adversely impact on the environment;; (This amendment applies to the entire legislative text.)
Amendment 293 #
Proposal for a regulation
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) operatorundertakings' past record as regards the results of official controls performed on them and their compliance with the rules referred to in Article 1(2);
Amendment 300 #
Proposal for a regulation
Article 8 – paragraph 4 – introductory part
Article 8 – paragraph 4 – introductory part
4. Official controls shall be performed without prior warning as to when they will take place, except where:
Amendment 302 #
Proposal for a regulation
Article 8 – paragraph 4 – point a
Article 8 – paragraph 4 – point a
(a) prior notification of the operator is necessareparatory measures are necessary to ensure that the control can be carried out effectively;
Amendment 308 #
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Official controls shall be performed as much as possible in a manner that minimises the burden on the operators. the administrative burden and operational disruption for operators is kept to the necessary minimum.
Amendment 315 #
Proposal for a regulation
Article 9 – title
Article 9 – title
Persons, processes and, activities, methods and techniques subject to official controls
Amendment 316 #
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. To the extent necessary to ascertain compliance with the rules referred to in Article 1(2), competent authorities shall perform official controls:
Amendment 325 #
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
The competent authorities shall perform the controls referred to in paragraph 1 using control methods and techniques, including observation, targeted observation, verification, inspection, checking, sampling, analysis, diagnosis and tests.
Amendment 326 #
Proposal for a regulation
Article 9 – paragraph 1 b (new)
Article 9 – paragraph 1 b (new)
The competent authorities shall perform the controls referred to in paragraph 1 using control methods and techniques, including observation, targeted observation, verification, inspection, checking, sampling, analysis, diagnosis and tests.
Amendment 327 #
Proposal for a regulation
Article 9 – paragraph 1 c (new)
Article 9 – paragraph 1 c (new)
Amendment 331 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2 – introductory part
Article 10 – paragraph 1 – subparagraph 2 – introductory part
They shall also ensure the regular and timely publication at least once a year of information on the following:
Amendment 336 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2 – point c
Article 10 – paragraph 1 – subparagraph 2 – point c
(c) the number of cases where measures were taken by the competent authorities in accordance with Article 135;
Amendment 338 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2 – point d
Article 10 – paragraph 1 – subparagraph 2 – point d
(d) the number of cases where the penalties referred to in Article 136 were imposed.
Amendment 340 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 354 #
Proposal for a regulation
Article 10 – paragraph 3 – point b a (new)
Article 10 – paragraph 3 – point b a (new)
(ba) measures are taken to ensure that the rating reflects average results from the last four controls at least;
Amendment 356 #
Proposal for a regulation
Article 10 – paragraph 3 – point b b (new)
Article 10 – paragraph 3 – point b b (new)
(bb) if the ratings are unfavourable, the inspection authorities guarantee prompt subsequent inspections to document as soon as possible the measures taken to end the infringement.
Amendment 359 #
Proposal for a regulation
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3a. To enable rating systems to be compared from one Member State to another, the Commission shall be empowered to adopt a delegated act in accordance with Article 139 laying down guidelines for drawing up rating systems as referred to in paragraph 3, which shall be made available to the Member States.
Amendment 360 #
Proposal for a regulation
Article 12 – title
Article 12 – title
Recording of, and reports on, official controls
Amendment 361 #
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
Competent authorities shall draw upkeep documentary repcortds onf every official control that they perform. They shall draw up reports on controls in which this Regulation or the provisions of Article 1(2) were found to have been infringed.
Amendment 363 #
Proposal for a regulation
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
3a. The outcome of official controls performed at a border control post shall be recorded in the Common Health Entry Document in accordance with Article 54(2)(b).
Amendment 364 #
Proposal for a regulation
Article 13
Article 13
Amendment 382 #
Proposal for a regulation
Article 14 – paragraph 1 – point b
Article 14 – paragraph 1 – point b
(b) their relevant computerised information management systems;
Amendment 386 #
Proposal for a regulation
Article 14 – paragraph 1 – point d
Article 14 – paragraph 1 – point d
(d) their relevant documents and any other relevant information and the control subjects listed in Article 9(3).
Amendment 390 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. During official controls and other official activities, operators shall assist the staff of the competent authorities in the accomplishment of their tasks. Operators shall supply the competent authorities with sufficient quantities of samples free of charge.
Amendment 392 #
Proposal for a regulation
Article 14 – paragraph 3 – point b
Article 14 – paragraph 3 – point b
(b) make available allwithout delay all requested information concerning the consignment on paper or electronically.
Amendment 398 #
Proposal for a regulation
Article 15 – paragraph 1 – point a
Article 15 – paragraph 1 – point a
(a) the verification, by or under the responsibility of an official veterinarian, of theto check the identity, health, and welfare of the animals and to test for faecal or other contamination prior to the slaughter;
Amendment 399 #
Proposal for a regulation
Article 15 – paragraph 1 – point a a (new)
Article 15 – paragraph 1 – point a a (new)
(aa) the verification and analysis of food- chain information;
Amendment 401 #
Proposal for a regulation
Article 15 – paragraph 1 – point b – point i
Article 15 – paragraph 1 – point b – point i
(i) the hygiene of meat production, covering at least: - the design and maintenance of premises and equipment; - HACCP-based pre-operational, operational, and post-operational principles, in particular to protect against microbiological, chemical, or physical hazards; - personal hygiene; - training in hygiene and work procedures;
Amendment 406 #
Proposal for a regulation
Article 15 – paragraph 1 – point b – point iv a (new)
Article 15 – paragraph 1 – point b – point iv a (new)
(iva) laboratory testing;
Amendment 409 #
Proposal for a regulation
Article 15 – paragraph 1 – point b – point iv b (new)
Article 15 – paragraph 1 – point b – point iv b (new)
(ivb) supervision of health marking and use of marks;
Amendment 410 #
Proposal for a regulation
Article 15 – paragraph 1 – point b – point iv c (new)
Article 15 – paragraph 1 – point b – point iv c (new)
(ivc) pest control;
Amendment 411 #
Proposal for a regulation
Article 15 – paragraph 1 – point b – point iv d (new)
Article 15 – paragraph 1 – point b – point iv d (new)
(ivd) temperature control;
Amendment 412 #
Proposal for a regulation
Article 15 – paragraph 1 – point b – point iv e (new)
Article 15 – paragraph 1 – point b – point iv e (new)
(ive) water quality;
Amendment 413 #
Proposal for a regulation
Article 15 – paragraph 1 – point b – point iv f (new)
Article 15 – paragraph 1 – point b – point iv f (new)
(ivf) controls on food entering and leaving the establishment and any accompanying documentation;
Amendment 414 #
Proposal for a regulation
Article 15 – paragraph 1 – point b a (new)
Article 15 – paragraph 1 – point b a (new)
(ba) the determination whether staff and staff activities in the establishment at all stages of the production process comply with the relevant requirements;
Amendment 416 #
Proposal for a regulation
Article 15 – paragraph 1 – point b b (new)
Article 15 – paragraph 1 – point b b (new)
(bb) the verification of the operator’s relevant records.
Amendment 417 #
Proposal for a regulation
Article 15 – paragraph 1 b (new)
Article 15 – paragraph 1 b (new)
1b. After carrying out the controls specified in paragraph 1, the official veterinarian shall take appropriate measures as regards: - the communication of inspection findings; - decisions concerning food-chain information; - decisions concerning live animals; - decisions concerning animal welfare; and - decisions concerning meat.
Amendment 419 #
Proposal for a regulation
Article 15 – paragraph 1 b a (new)
Article 15 – paragraph 1 b a (new)
1ba. Official auxiliaries may assist the official veterinarian with official controls. In that event, they shall work as part of an independent team. The Commission shall be empowered to adopt delegated acts in accordance with Article 139 concerning specific rules and restrictions applying to official auxiliaries assisting the official veterinarian with given tasks.
Amendment 421 #
Proposal for a regulation
Article 15 – paragraph 1 b b (new)
Article 15 – paragraph 1 b b (new)
1bb. Member States may allow slaughterhouse staff to assist with official controls by carrying out given tasks, under the supervision of the official veterinarian, related to the production of meat from poultry and lagomorphs. If they do so, they shall ensure that staff carrying out such tasks: - have the necessary qualifications and undergo appropriate training in accordance with the provisions laid down; - act independently from production staff; and - report any deficiency to the official veterinarian. The Commission shall be empowered to adopt delegated acts in accordance with Article 139 setting out the specific conditions under which slaughterhouse staff may carry out tasks related to the control of poultrymeat and hare meat production and laying down the design and application of performance assessment tests.
Amendment 424 #
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – introductory part
Article 15 – paragraph 2 – subparagraph 1 – introductory part
The Commission shall be empowered to adopt further delegated acts in accordance with Article 139 concerning specific rules for the performance of official controls on products of animal origin intended for human consumption and on animals intended for the production of such products to verify compliance with the rules referred to in points (a), (c), (d) and (e) of Article 1(2) applicable to those products and animals, and on action to be taken by the competent authorities following official controls. Delegated acts shall allow for the particular circumstances of small businesses and include measures to facilitate the application of HACCP principles in accordance with Article 5 of Regulation (EC) No 852/2004. Those delegated acts shall lay down rules on:
Amendment 425 #
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point a
Article 15 – paragraph 2 – subparagraph 1 – point a
(a) the specific responsibilities and tasks of the competent authorities, in addition to those provided for in paragraph 1 and Articles 4, 8, 9, 10(1), 11, 12, 13,and 34(1) and (2), and 36;
Amendment 429 #
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point c
Article 15 – paragraph 2 – subparagraph 1 – point c
Amendment 434 #
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point d
Article 15 – paragraph 2 – subparagraph 1 – point d
Amendment 435 #
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point e
Article 15 – paragraph 2 – subparagraph 1 – point e
Amendment 441 #
Proposal for a regulation
Article 15 – paragraph 3 – point a
Article 15 – paragraph 3 – point a
(a) the experience gained by the competent authorities and food business operators oin the application of the procedures referred to in Article 5 of Regulation (EC) No 852/2004 of the European Parliament and of the Council48; __________________ 48 OJ L 139, 30.4.2004, p. 1.
Amendment 442 #
Proposal for a regulation
Article 15 – paragraph 3 – point c
Article 15 – paragraph 3 – point c
Amendment 445 #
Proposal for a regulation
Article 15 – paragraph 4 – point a
Article 15 – paragraph 4 – point a
Amendment 449 #
Proposal for a regulation
Article 17 – title
Article 17 – title
Specific rules on official controls and on action to be taken by the competent authorities in relation to animals, products of animal origin, and germinal products, animal by-products and derived products
Amendment 450 #
Proposal for a regulation
Article 17 – paragraph -1 a (new)
Article 17 – paragraph -1 a (new)
Official controls in relation to animals shall include: - the verification of measures for protection against biological and chemical hazards to human and animal health; - the verification of animal welfare measures, without prejudice to the provisions of Article 18; - the verification of disease control or eradication measures.
Amendment 451 #
Proposal for a regulation
Article 17 – paragraph -1 (new)
Article 17 – paragraph -1 (new)
Official controls in relation to products of animal origin shall include: - the verification of safety and hygiene; - the verification of labelling and packaging.
Amendment 453 #
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
The Commission shall be empowered to adopt delegated acts in accordance with Article 139 concerning rules for the performance of official controls on animals, on products of animal origin, on germinal products, on animal by-products and on derived products to verify compliance with the Union rules referred to in points (d) and (e) of Article 1(2) and on action to be taken by the competent authorities following official controls. Those delegated acts shall take account of animal health risks related to animals, products of animal origin and germinal products, and of human and animal health risks related to animal by-products and derived products, and lay down rules on:
Amendment 454 #
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) the specific responsibilities and tasks of the competent authorities, in addition to those provided for in Articles 4, 8, 9, 10(1), 11, 12, 13,and 34(1) and (2) and 36;
Amendment 470 #
Proposal for a regulation
Article 19
Article 19
Amendment 475 #
Proposal for a regulation
Article 20
Article 20
Amendment 480 #
Proposal for a regulation
Article 21
Article 21
Amendment 489 #
Proposal for a regulation
Article 22
Article 22
Amendment 550 #
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 1
Article 34 – paragraph 1 – subparagraph 1
The competent authorities shall ensure that operators, whose animals or goods are subject to sampling, analysis, test or diagnosis in the context of official controls, have the right to apply for a second expert opinion, where this is relevant and technically feasible.
Amendment 553 #
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 2 – point b – introductory part
Article 34 – paragraph 1 – subparagraph 2 – point b – introductory part
(b) where relevant and technically feasible, having regard in particular to the prevalence and distribution of the hazard in the animals or goods, to the perishability of the samples or the goods and to the amount of available substrate, shall entitle the operator to request and oblige the competent authorities to ensure:
Amendment 554 #
Proposal for a regulation
Article 34 – paragraph 1 a (new)
Article 34 – paragraph 1 a (new)
1a. Samples shall be handled and labelled in such a way as to guarantee their legal and technical validity.
Amendment 586 #
Proposal for a regulation
Article 45 – paragraph 1 – point c
Article 45 – paragraph 1 – point c
Amendment 591 #
Proposal for a regulation
Article 45 – paragraph 3
Article 45 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 139 concerning amendments of the categories of consignments referred to in paragraph 1, to include other products which may give rise to risks to human, and animal or plant health or, as regards GMOs and plant protection products, to the environmenthealth or animal welfare.
Amendment 600 #
Proposal for a regulation
Article 47 – paragraph 4 – subparagraph 1
Article 47 – paragraph 4 – subparagraph 1
Physical checks to verify compliance with animal health and welfare requirements or with plant health requirements laid down in the rules referred to in Article 1(2) shall be performed by, or under the supervision of, staff possessing appropriate qualifications in veterinary or phytosanitary matters respectivelymatters, designated by the competent authorities for that purpose.
Amendment 617 #
Proposal for a regulation
Article 53 – paragraph 2 – subparagraph 1
Article 53 – paragraph 2 – subparagraph 1
Decisions taken following a physical check to verify compliance with animal health and welfare requirements or with plant health requirements shall be taken by staff possessing appropriate qualifications in veterinary or phytosanitary matters respectivelymatters, and designated by the competent authorities for that purpose.
Amendment 638 #
Proposal for a regulation
Article 61 – paragraph 1
Article 61 – paragraph 1
1. A Member State shall immediately suspend the designation of a border control post and order its activities to be stopped, for all or for certain categories of animals and goods for which the designation was made, in cases where such activities may result in a risk to human, or animal or plant health, or animal welfare or, as regards GMOs and plant protection products, to the environment.
Amendment 659 #
Proposal for a regulation
Article 65 – paragraph 1
Article 65 – paragraph 1
Where official controls indicate that a consignment of animals or goods presents a risk to human, or animal or plant health, or animal welfare or, as regards GMOs and plant protection products, to the environment, such consignment shall be isolated or quarantined and animals belonging to it shall be kept and treated under appropriate conditions pending any further decision.
Amendment 662 #
Proposal for a regulation
Article 65 – paragraph 2 – point a
Article 65 – paragraph 2 – point a
(a) order that the operator destroy the consignment in compliance, where appropriate, with the rules referred to in Article 1(2), taking all the measures necessary to protect human, or animal or plant health, or animal welfare or the environment; or
Amendment 667 #
Proposal for a regulation
Article 66 – paragraph 2 – subparagraph 1
Article 66 – paragraph 2 – subparagraph 1
The competent authorities in the Member State where the official controls were performed shall supervise the application of the measures ordered pursuant to Article 64(3) and (5) and Article 65 to ensure that the consignment does not give rise to adverse effects on human, or animal or plant health, or animal welfare, or the environment, during or pending the application of those measures.
Amendment 671 #
Proposal for a regulation
Article 67 – paragraph 2 – point b
Article 67 – paragraph 2 – point b
(b) in the cases referred to in Article 65, that the consignment be destroyed in suitable facilities located as close as possible to the border control post, taking all measures necessary to protect human, or animal or plant health, or animal welfare or the environment.
Amendment 693 #
Proposal for a regulation
Article 75 – paragraph 1 – point d
Article 75 – paragraph 1 – point d
Amendment 697 #
Proposal for a regulation
Article 75 – paragraph 1 – point h
Article 75 – paragraph 1 – point h
(h) consignments of the categories of animals and goods referred to in points (a), (b) and (cb) of Article 45(1) originating from, and returning to, the Union following a refusal of entry by a third country;
Amendment 704 #
Proposal for a regulation
Article 76 – paragraph 1
Article 76 – paragraph 1
1. Member States shall ensure that adequate financial resources are available to provide the staff and other resources necessary for the competent authorities to perform official controls and other official activities. With that aim in view they may collect fees or contributions to costs or make resources available from general tax revenue.
Amendment 708 #
Proposal for a regulation
Article 76 – paragraph 2
Article 76 – paragraph 2
Amendment 716 #
Proposal for a regulation
Article 76 – paragraph 4
Article 76 – paragraph 4
4. Member States shall consult the operators concerned on the methods used to calculate the fees or contributions to costs provided for in Article 77.
Amendment 717 #
Proposal for a regulation
Article 77 – title
Article 77 – title
Amendment 722 #
Proposal for a regulation
Article 77 – paragraph 1 – introductory part
Article 77 – paragraph 1 – introductory part
1. For the purpose of ensuring that competent authorities are provided with adequate resources for the performance of official controls, the competent authorities shallmay collect fees or contributions to costs to recover the costs they incur in relation to:
Amendment 752 #
Proposal for a regulation
Article 78 – paragraph 1 – introductory part
Article 78 – paragraph 1 – introductory part
1. The competent authorities shallmay collect fees or contributions to costs in accordance with Article 77 to recover the following costs:
Amendment 758 #
Proposal for a regulation
Article 78 – paragraph 1 – point a
Article 78 – paragraph 1 – point a
(a) the salaries of the staff, including support staff, involved in the performance of official controls, shall not include their social security, pension and insurance costs;
Amendment 759 #
Proposal for a regulation
Article 78 – paragraph 1 – point b
Article 78 – paragraph 1 – point b
Amendment 763 #
Proposal for a regulation
Article 78 – paragraph 1 – point d
Article 78 – paragraph 1 – point d
Amendment 776 #
Proposal for a regulation
Article 79 – title
Article 79 – title
Calculation of fees or contributions to costs
Amendment 779 #
Proposal for a regulation
Article 79 – paragraph 1 – introductory part
Article 79 – paragraph 1 – introductory part
1. Fees or contributions to costs collected in accordance with Article 77 shall be: levied taking into account: - the nature of the undertaking concerned and the associated risk factors; - the interests of undertakings with small turnovers; - traditional methods of production, processing and marketing; the needs of undertakings situated in regions that are subject to special geographic constraints.
Amendment 782 #
Proposal for a regulation
Article 79 – paragraph 1 – point -a a (new)
Article 79 – paragraph 1 – point -a a (new)
(-aa) The fees or contributions to costs collected shall be set pursuant to Article 78 in accordance with the costs borne by the competent authorities over a given period. Individual cost elements may be calculated on a flat-rate basis at the discretion of the competent authority and after informing the public.
Amendment 783 #
Proposal for a regulation
Article 79 – paragraph 1 – point a
Article 79 – paragraph 1 – point a
Amendment 787 #
Proposal for a regulation
Article 79 – paragraph 1 – point b
Article 79 – paragraph 1 – point b
Amendment 794 #
Proposal for a regulation
Article 79 – paragraph 3
Article 79 – paragraph 3
3. WherThe fees are calculated in accordance with point (a) of paragraph 1, the feeor contributions to costs collected by competent authorities in accordance with Article 77 shall not exceed the overall costs incurred for the official controls performed over the period of time referred to in point (aa) (new) of paragraph 1.
Amendment 798 #
Proposal for a regulation
Article 80 – title
Article 80 – title
Amendment 799 #
Proposal for a regulation
Article 80 – paragraph 1
Article 80 – paragraph 1
Amendment 805 #
Proposal for a regulation
Article 82
Article 82
Amendment 823 #
Proposal for a regulation
Article 83 – paragraph 1 – point a
Article 83 – paragraph 1 – point a
(a) the method and data used to establish the fees or contributions to costs provided for in Article 77(1);
Amendment 831 #
Proposal for a regulation
Article 83 – paragraph 2 – point a
Article 83 – paragraph 2 – point a
(a) the costs to the competent authority for which a fee or contribution to costs is due in accordance with Article 77(1), indicating the breakdown of such costs per activity referred to in Article 77(1) and per cost element referred to in Article 78(1);
Amendment 834 #
Proposal for a regulation
Article 83 – paragraph 2 – point b
Article 83 – paragraph 2 – point b
(b) the amount of the fees or contributions to costs provided for in Article 77(1) applied to each category of operators, and for each category of official controls;
Amendment 835 #
Proposal for a regulation
Article 83 – paragraph 2 – point b
Article 83 – paragraph 2 – point b
(b) the amount of the fees or contributions to costs provided for in Article 77(1) applied to each category of operators, and for each category of official controls;
Amendment 838 #
Proposal for a regulation
Article 83 – paragraph 2 – point c
Article 83 – paragraph 2 – point c
(c) the method used to establish the fees or contributions to costs provided for in Article 77(1), including the data and estimates used for the establishment of the flat rate fees referred to in point (aa) (new) of Article 79(1);
Amendment 840 #
Proposal for a regulation
Article 83 – paragraph 2 – point d
Article 83 – paragraph 2 – point d
(d) where point (a) of Article 79(1) applies, the method used to adjust the level of the fees or the contribution to costs in accordance with Articles 79(1) and 80;
Amendment 841 #
Proposal for a regulation
Article 83 – paragraph 2 – point e
Article 83 – paragraph 2 – point e
Amendment 847 #
Proposal for a regulation
Article 84 – paragraph 1 – subparagraph 1 (new)
Article 84 – paragraph 1 – subparagraph 1 (new)
The fees for additional controls shall be calculated on the basis of the actual costs incurred pursuant to Article 78. If the actual travel expenses are less than the flat-rate amount set pursuant to Article 79(2), the flat-rate amount shall be used to calculate the fees.
Amendment 864 #
Proposal for a regulation
Article 91 – paragraph 3 – point g a (new)
Article 91 – paragraph 3 – point g a (new)
Amendment 874 #
Proposal for a regulation
Article 93
Article 93
Amendment 877 #
Proposal for a regulation
Article 94
Article 94
Amendment 882 #
Proposal for a regulation
Article 95 – paragraph 3 – point a
Article 95 – paragraph 3 – point a
(a) possess suitably qualified staff with a high level of scientific and technical expertise in human-animal relationship, animal behaviour, animal physiology, animal health and nutrition related to animal welfare, and animal welfare aspects related to the commercial and scientific use of animals; Or. de Justification Because of content overlap with Article 95(3)(b), the two paragraphs were merged., taking ethical aspects into consideration;
Amendment 883 #
Proposal for a regulation
Article 95 – paragraph 3 – point b
Article 95 – paragraph 3 – point b
Amendment 891 #
Proposal for a regulation
Article 96 – paragraph 1 – point d
Article 96 – paragraph 1 – point d
(d) coordinating the carrying out of scientific and technical studies on the welfare of animals used for commercial or scientific purposes; Or. de Justification To avoid an overlap of competences with EFSA, the reference centres should be given a coordinating role, while EFSA can continue to carry out its own studies.
Amendment 894 #
Proposal for a regulation
Article 97 – paragraph 1 – point b
Article 97 – paragraph 1 – point b
Amendment 921 #
Proposal for a regulation
Article 105 – paragraph 2 – point b
Article 105 – paragraph 2 – point b
(b) the third country has undertaken to provide the assistance necessary to gather evidence of practices that are or appear to be non-compliant with Union rules or that pose a risk to humans, or animals or plants or the environment;
Amendment 965 #
Proposal for a regulation
Article 119 – paragraph 2 – point g
Article 119 – paragraph 2 – point g
(g) the extent and operation of official controls performed on animals, plants and their products arriving from other third countries; Or. de Justification As a result of the hiving-off of the sectoral provisions on plant health, plant reproductive material and plant protection products, this broadening of the scope is unnecessary.
Amendment 968 #
Proposal for a regulation
Article 120 – paragraph 1 – point g – point iv
Article 120 – paragraph 1 – point g – point iv
Amendment 971 #
Proposal for a regulation
Article 120 – paragraph 1 – point g – point v
Article 120 – paragraph 1 – point g – point v
Amendment 976 #
Proposal for a regulation
Article 124 – paragraph 1 – introductory part
Article 124 – paragraph 1 – introductory part
1. The Commission shall request third countries intending to export animals and goods to the Union to provide the following accurate and up-to-date information on the general organisation and management of sanitary and phytosanitary control systems in their territory: (If adopted, this amendment will apply throughout the article.)
Amendment 1001 #
Proposal for a regulation
Article 128 a (new)
Article 128 a (new)
Article 128a Supporting developing countries 1. With a view to ensuring that developing countries can comply with the provisions of this Regulation, measures may be taken, and may be implemented for as long as they continue to have a demonstrable impact, to support the following activities: - compliance with the conditions governing the entry into the Union of animals and goods; - drafting of guidelines on the organisation of official controls on products to be exported to the Union; - sending of European Union or Member State experts to developing countries to assist with the organisation of official controls; - involvement of control staff from developing countries in training programmes or courses. 2. The Commission shall be empowered, pursuant to Article 139, to adopt delegated acts setting out provisions covering the forms of support for developing countries referred to in paragraph 1.
Amendment 1004 #
Proposal for a regulation
Article 130 – paragraph 1
Article 130 – paragraph 1
1. The Commission shall set up and manage a computerised information management system for the integrated operation of the mechanisms and tools through which data, information and documents concerning official controls are automatically forwarded from databases in the Member States and managed and handled ('the IMSOC').
Amendment 1007 #
Proposal for a regulation
Article 130 – paragraph 1 a (new)
Article 130 – paragraph 1 a (new)
1a. When forwarding electronic certificates or other electronic documents, the Commission and Member States shall use standard international programming languages, message structures and transmission protocols and safe transmission procedures.
Amendment 1009 #
Proposal for a regulation
Article 130 – paragraph 2 – point b
Article 130 – paragraph 2 – point b
(b) integrate fully and provide the necessary updates to existing computerised systems managed by the Commission and used for the rapid exchange of data, information and documents in relation to risks to human, animal health and welfare, and plant health, as established by Article 50 of Regulation (EC) No 178/2002, Article 20 of Regulation (EU) XXX/XXXX [Office of Publications, please insert number of the Regulation on animal health] and Article 97 of Regulation (EU) XXX/XXXX [Office of Publications, please insert number of the Regulation on protective measures against pests of plants];
Amendment 1026 #
Proposal for a regulation
Article 136 – paragraph 1 – subparagraph 1 (new)
Article 136 – paragraph 1 – subparagraph 1 (new)
Irrespective of the financial advantage sought, the severity of the penalties should also reflect the degree of risk of damage to consumers' health.
Amendment 1030 #
Proposal for a regulation
Article 136 – paragraph 3 – point c a (new)
Article 136 – paragraph 3 – point c a (new)
(ca) where consumers' health is damaged.
Amendment 1045 #
Proposal for a regulation
Article 142 – paragraph 2
Article 142 – paragraph 2
2. Regulation (EC) No 854/2004 and Directives 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC and 97/78/EC are repealed as from [Office of Publications, please insert date of entry into force of this Regulation + 3 years].
Amendment 1058 #
Proposal for a regulation
Article 161 – paragraph 1 – point b
Article 161 – paragraph 1 – point b
Regulation (EU) No [.…]/2013
Article 29 a (new)
Article 29 a (new)