Activities of Pilar AYUSO related to 2013/0140(COD)
Plenary speeches (1)
Food and feed law, rules on animal health and welfare, plant health and plant protection products (debate) ES
Amendments (349)
Amendment 96 #
Proposal for a regulation
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
a) governing food and food safety, at any stage of production, the processing and distribution of food, including rules aimed at guaranteeing commercial quality and fair practices in trade and protecting consumer interests and information, and the manufacture and use of materials and articles intended to come into contact with food;
Amendment 97 #
Proposal for a regulation
Article 1 – paragraph 2 – point d
Article 1 – paragraph 2 – point d
d) laying down animal health requirements, in particular those directly linked to operators' compliance with animal health requirements;
Amendment 100 #
Proposal for a regulation
Article 1 – paragraph 2 – point k (new)
Article 1 – paragraph 2 – point k (new)
ka) laying down requirements on monitoring certain substances and residues thereof in live animals and animal products.
Amendment 102 #
Proposal for a regulation
Article 1 – paragraph 3 – point b
Article 1 – paragraph 3 – point b
Amendment 103 #
Proposal for a regulation
Article 1 – paragraph 4 – point a
Article 1 – paragraph 4 – point a
a) the rules laid down in Regulation (EC) No 1234/2007; on the management of the common organisation of markets, including production and other quotas and intervention. However, this Regulation shall apply to official controls on protected designations of origin and protected geographical indications for wine.
Amendment 105 #
Proposal for a regulation
Article 2 – point 5 – point a
Article 2 – point 5 – point a
a) the central authorities of a Member State responsible for the organisation or implementation of official controls and of other official activities, in accordance with this Regulation and the rules referred to in Article 1(2);
Amendment 106 #
Proposal for a regulation
Article 2 – point 5 – point b
Article 2 – point 5 – point b
b) any other local or regional authority ton which that responsibilitycompetence has been conferred;
Amendment 107 #
Proposal for a regulation
Article 2 – point 6
Article 2 – 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], falling within the scope of one or more of the rules referred to in Article 1(2);
Amendment 111 #
Proposal for a regulation
Article 2 – point 22 – point a
Article 2 – point 22 – point a
a) any official ofnatural or legal person officially recognised by the competent authorities and authorised to issue and sign official certificates by such authorities;
Amendment 113 #
Proposal for a regulation
Article 2 – point 22 – point b
Article 2 – point 22 – point b
b) where provided for by the rules referred to in Article 1(2) – any other person, who is authorised to issue and sign official certificates by the competent authorities;
Amendment 114 #
Proposal for a regulation
Article 2 – point 25 a (new)
Article 2 – point 25 a (new)
25a. 'official health attestation' means any seal, mark or other form of attestation issued by the competent authorities or under supervision and providing health assurance concerning compliance with one or more requirements laid down in the rules referred to in Article 1(2);
Amendment 117 #
Proposal for a regulation
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
a) governing food and food safety, at any stage of production, the processing and distribution of food, including rules aimed at guaranteeing commercial quality, fair practices in trade and protecting consumer interests and information, and the manufacture and use of materials and articles intended to come into contact with food;
Amendment 117 #
Proposal for a regulation
Article 2 – point 27
Article 2 – point 27
27) 'consignment' means a number of animals orf the same species or a quantity of goodproducts of the same type, class, or description, covered by the same officialveterinary certificate, official attestation or any other documentr document or other documents provided for by legislation, conveyed by the same means of transport and havcoming from the same origin; it may consist of one or more lotsthird country or part of such country;
Amendment 119 #
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
Amendment 122 #
Proposal for a regulation
Article 2 – point 28 – point c a (new)
Article 2 – point 28 – point c a (new)
ca) the documentation referred to in points a), b) and c).
Amendment 123 #
Proposal for a regulation
Article 1 – paragraph 2 – point d
Article 1 – paragraph 2 – point d
d) laying down animal health requirements, in particular those directly linked to operators' compliance with animal health requirements;
Amendment 127 #
Proposal for a regulation
Article 2 – point 46
Article 2 – point 46
46) '‘documentary check'’ means the examination of the official certificates, official attestations and other document(s) including documents of a commercial nature, which are required to accompany the consignment as provided for by the rules referred to in Article 1(2), Article 54(1), or by implementing acts adopted in accordance with Articles 75(3), 125(4), 127(1) and 128(1);
Amendment 128 #
Proposal for a regulation
Article 2 – point 47
Article 2 – point 47
47) 'identity check' means a visual inspection to verify that the content and the labelling of a consignment, including the marks on animals, attestations, seals and means of transport, correspond with the information provided in the official certificates, official attestations and other documents accompanying it;
Amendment 129 #
Proposal for a regulation
Article 1 – paragraph 2 – point g
Article 1 – paragraph 2 – point g
Amendment 130 #
Proposal for a regulation
Article 2 – point 49
Article 2 – point 49
49) 'transhipment' means the movement of goods subject to the official controls provided for in Article 45(1) which arrive by sea or by air transport from a third country from a vessel or aircraft and are transported under customs supervision to another vessel or aircraft in the same port or airport in preparation for onward travel;
Amendment 131 #
Proposal for a regulation
Article 2 – point 53
Article 2 – 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 orprohibit or restrict the movement or transport and, where appropriate, the marketing of animals, products or goods subject to official controls within the framework of this Regulation in order to prevent them from being moved, tampered with or marketed pending a decision on their destination; it includes storage by operators under the control of the competent authorities or by the authorities themselves;
Amendment 133 #
Proposal for a regulation
Article 1 – paragraph 2 – point h
Article 1 – paragraph 2 – point h
Amendment 134 #
Proposal for a regulation
Article 2 – point 56
Article 2 – point 56
56) 'control plan' means a description established by the competent authorities containing information on the structure and organisation of the official control system, and of its operation and the detailed planning of official controls to be performed in each of the areas referred to in Article 1(2) over a period of time;
Amendment 135 #
Proposal for a regulation
Article 2 – paragraph 1 – point 57 a (new)
Article 2 – paragraph 1 – point 57 a (new)
57a)'commercial quality' means the set of properties and characteristics of a food product that result from the requirements laid down in mandatory provisions regarding the raw materials or ingredients used in its production, the processes used in its production, and the composition and presentation of the end product.
Amendment 140 #
Proposal for a regulation
Article 1 – paragraph 2 – point k a (new)
Article 1 – paragraph 2 – point k a (new)
ka) laying down requirements on monitoring certain substances and residues thereof in live animals and animal products.
Amendment 140 #
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 141 #
Proposal for a regulation
Article 1 – paragraph 3 – point b
Article 1 – paragraph 3 – point b
Amendment 142 #
Proposal for a regulation
Article 1 – paragraph 4 – point a
Article 1 – paragraph 4 – point a
a) the rules laid down in Regulation (EC) No 1234/2007 on the management of the common organisation of markets, including production and other quotas and intervention. However, this Regulation shall apply to official controls on protected designations of origin and protected geographical indications for wine;
Amendment 144 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point a
Article 2 – paragraph 1 – point 2 – point a
Amendment 145 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point b
Article 2 – paragraph 1 – point 2 – point b
(b) the rules referred to in Aarticle 1 (2), except letters d) and g), to ensure the application of those rules;.
Amendment 147 #
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 or implementation of official controls and of other official activities, in accordance with this Regulation and the rules referred to in Article 1(2);
Amendment 147 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. For the purpose of ensuring that the staff of the competent authorities referred to in point (e) of paragraph 1 and in paragraph 2 have the necessary qualifications, skills and knowledge, harmonised across the whole of the EU, the Commission shall be empowered to adopt delegated acts in accordance with Article 139 concerning harmonised rules for the specific qualification and training requirements of such staff, having regard to the scientific and technical knowledge necessary to perform official controls and other official activities in each of the areas referred to in Article 1(2).
Amendment 148 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point b
Article 2 – paragraph 1 – point 5 – point b
b) any other local or regional authority ton which that responsibilitycompetence has been conferred;
Amendment 148 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Competent authorities shall make available the results of the audits referred to in paragraph 1 to the Commission upon justified request.
Amendment 149 #
Proposal for a regulation
Article 7 – title
Article 7 – title
Confidentiality obligations of the staff at the service of the competent authorities
Amendment 151 #
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], falling within the scope of one or more of the rules referred to in Article 1(2);
Amendment 152 #
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 established on their territory, provided that the following conditions are met:
Amendment 154 #
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 operators regularlyat suitable intervals, oin a risk basis and wiline with the risks that may arise in relation to the appropriate frequencyrea concerned, taking account of:
Amendment 158 #
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
Amendment 160 #
Proposal for a regulation
Article 8 – paragraph 6 – point b
Article 8 – paragraph 6 – point b
Amendment 162 #
Proposal for a regulation
Article 9 – point a
Article 9 – point a
(a) on animals and goods at all stages of production, processing, placing on the market and distribution;
Amendment 165 #
Proposal for a regulation
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
Amendment 166 #
Proposal for a regulation
Article 10 – paragraph 3 – introductory part
Article 10 – paragraph 3 – introductory part
3. Competent authorities shall be entitled to publish or make otherwise available to the public information about the rating of individual operators established on their territory based on the outcome of official controls, provided that the following conditions are met:
Amendment 171 #
Proposal for a regulation
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
Amendment 173 #
Proposal for a regulation
Article 13 – paragraph 2 – point b – point i
Article 13 – paragraph 2 – point b – point i
(i) primary produceoperators'’ installations and other businesses, including their surroundings, premises, offices, equipment, installations and machinery, transport and their animals and goods;
Amendment 177 #
Proposal for a regulation
Article 2 – paragraph 1 – point 22 – point a
Article 2 – paragraph 1 – point 22 – point a
a) any official ofnatural or legal person officially recognised by the competent authorities and authorised to issue and sign official certificates by such authorities;
Amendment 178 #
Proposal for a regulation
Article 2 – paragraph 1 – point 22 – point b
Article 2 – paragraph 1 – point 22 – point b
b) where provided for by the rules referred to in Article 1(2) – any other person, who is authorised to issue and sign official certificates by the competent authorities;
Amendment 179 #
Proposal for a regulation
Article 2 – paragraph 1 – point 24 – point a
Article 2 – paragraph 1 – point 24 – point a
Amendment 179 #
Proposal for a regulation
Article 14 – paragraph 1 – point d
Article 14 – paragraph 1 – point d
(d) their documents and any other relevant information relating to the official control to be carried out.
Amendment 180 #
Proposal for a regulation
Article 2 – paragraph 1 – point 25
Article 2 – paragraph 1 – point 25
25) 'official attestation' means any labeseal, mark or other form of attestation issued by the operators under the supervision, through dedicated official controls, ofoutside of the health field issued by the competent authorities, or by the competent authorities themselves,under supervision and providing assurance concerning compliance with one or more requirements laid down in the rules referred to in Article 1(2);
Amendment 181 #
Proposal for a regulation
Article 2 – paragraph 1 – point 25 a (new)
Article 2 – paragraph 1 – point 25 a (new)
25a) 'official mark or seal' means the mark or seal placed by the competent authority on animals or products to indicate that the official controls required under the rules referred to in Article 1(2) had been carried out at the time it was placed there.
Amendment 182 #
Proposal for a regulation
Article 2 – paragraph 1 – point 25 b (new)
Article 2 – paragraph 1 – point 25 b (new)
25b) 'health attestation' means a health declaration made by the competent authority concerning compliance with official control requirements in accordance with the rules referred to in Article 1(2).
Amendment 182 #
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 control tasks.
Amendment 184 #
Proposal for a regulation
Article 2 – paragraph 1 – point 27
Article 2 – paragraph 1 – point 27
27) 'consignment' means a number of animals orf the same species or a quantity of goodproducts of the same type, class, or description, covered by the same officialveterinary certificate, official attestation or any other documentr document or other documents provided for by legislation, conveyed by the same means of transport and havcoming from the same origin; it may consist of one or more lotsthird country or part of such country;
Amendment 185 #
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
Amendment 189 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28 – point c a (new)
Article 2 – paragraph 1 – point 28 – point c a (new)
ca) the documentation referred to in points a), b) and c);
Amendment 189 #
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point a
Article 15 – paragraph 2 – subparagraph 1 – point a
Amendment 190 #
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point b
Article 15 – paragraph 2 – subparagraph 1 – point b
(b) uniform and harmonised specific requirements for the performance of official controls and uniformharmonised minimum frequency of such official controls, having regard, in addition to the criteria referred to in Article 8(1), to the specific hazards and risks which exist in relation to each product of animal origin and the different processes it undergoes;
Amendment 191 #
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point c
Article 15 – paragraph 2 – subparagraph 1 – point c
(c) the cases where and the conditions under which skilled slaughterhouse staff may be involved in official controls, and the design and application of specific tests to assess their performancetechnical capacity;
Amendment 194 #
Proposal for a regulation
Article 2 – paragraph 1 – point 33
Article 2 – paragraph 1 – point 33
33) 'hazard' means any agent or condition with the potential to have an adverse effect on human, or animal or plant health, animal welfare or the environment;
Amendment 200 #
Proposal for a regulation
Article 2 – paragraph 1 – point 41
Article 2 – paragraph 1 – point 41
41) 'screeningurvey' 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);
Amendment 200 #
Proposal for a regulation
Article 18 – title
Article 18 – title
Specific rules on official controls and action to be taken by the competent authorities in relation to the welfare requirements for vertebrate animals
Amendment 202 #
Proposal for a regulation
Article 2 – paragraph 1 – point 42
Article 2 – paragraph 1 – point 42
42) 'targeted screeningsurveillance' means a form of official control involving observation of one or more operators or their activities;
Amendment 205 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 207 #
Proposal for a regulation
Article 2 – paragraph 1 – point 46
Article 2 – paragraph 1 – point 46
46) '‘documentary check'’ means the examination of the official certificates, official attestations and other document(s) including documents of a commercial nature, which are required to accompany the consignment as provided for by the rules referred to in Article 1(2), Article 54(1), or by implementing acts adopted in accordance with Articles 75(3), 125(4), 127(1) and 128(1);
Amendment 207 #
Proposal for a regulation
Article 18 – paragraph 3 – point d
Article 18 – paragraph 3 – point d
(d) the verification of animal welfare requirements at border control posts and at exit points and the minimum requirements applicable to such exit points;
Amendment 208 #
Proposal for a regulation
Article 2 – paragraph 1 – point 47
Article 2 – paragraph 1 – point 47
47) 'identity check' means a visual inspection to verify that the content and the labelling of a consignment, including the marks on animals, attestations, seals and means of transport, correspond with the information provided in the official certificates, official attestations and other documents accompanying it;
Amendment 208 #
Proposal for a regulation
Article 18 – paragraph 3 – point f
Article 18 – paragraph 3 – point f
Amendment 209 #
Proposal for a regulation
Article 2 – paragraph 1 – point 48
Article 2 – paragraph 1 – point 48
48) 'physical check' means a check on animals or goods and, as appropriate, checks onwhich may include checks on the packing or packaging, on the means of transport, labelling and temperature, the taking of a samplinge for analysis, testing or diagnosis, and any other check necessary to verify compliance with the rules referred to in Article 1(2);
Amendment 210 #
Proposal for a regulation
Article 2 – paragraph 1 – point 49
Article 2 – paragraph 1 – point 49
49) 'transhipment' means the movement of goods subject to the official controls provided for in Article 45(1) which arrive by sea or by air transport from a third country from a vessel or aircraft and are transported under customs supervision to another vessel or aircraft in the same port or airport in preparation for onward travel;
Amendment 212 #
Proposal for a regulation
Article 2 – paragraph 1 – point 49 a (new)
Article 2 – paragraph 1 – point 49 a (new)
49a) 'introduction' means entry into the customs territory of the Union of goods intended for importation into the Union, or to a third country either by transit through or after storage in the Union, with the exception of goods carried on means of transport only passing through the territorial waters or the airspace of the customs territory without a stop within this territory;
Amendment 213 #
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 orprohibit or restrict the movement or transport and, where appropriate, the marketing of animals, products or goods subject to official controls within the framework of this Regulation in order to prevent them from being moved, tampered with or marketed pending a decision on their destination; it includes storage by operators under the control of the competent authorities or by the authorities themselves;
Amendment 214 #
Proposal for a regulation
Article 21 – title
Article 21 – title
Specific rules on official controls and action to be taken by the competent authorities in relation to GMOs and genetically modified food and feed
Amendment 215 #
Proposal for a regulation
Article 2 – paragraph 1 – point 56
Article 2 – paragraph 1 – point 56
56) 'control plan' means a description established by the competent authorities containing information on the structure and organisation of the official control system, and of its operation and the detailed planning of official controls to be performed in each of the areas referred to in Article 1(2) over a period of time;
Amendment 215 #
Proposal for a regulation
Article 21 – paragraph 1 – introductory part
Article 21 – paragraph 1 – introductory part
The Commission shall be empowered to adopt delegated acts in accordance withimplementing acts that shall be adopted in accordance with the examination procedure referred to in Article 13941(2) concerning rules for the performance of official controls on GMOs and genetically modified food and feed performed to verify compliance with the rules referred to in points (a), (b) and (c) of Article 1(2) and on action to be taken by the competent authorities following such official controls. Those delegated acts shall take into account the need to ensure a minimum level of official controls to prevent practices in violation with those rules, and lay down rules on:
Amendment 216 #
Proposal for a regulation
Article 2 – paragraph 1 – point 57 a (new)
Article 2 – paragraph 1 – point 57 a (new)
57a) 'commercial quality' means the set of properties and characteristics of a food product that result from the requirements laid down in mandatory provisions regarding the raw materials or ingredients used in its production, the processes used in its production, and the composition and presentation of the end product.
Amendment 217 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. For each of the areas governed by the rules referred to in Article 1(2), Member States shall designate thhave one or more competent authority or authorities on which they confer the responsibility toies responsible for planning, organising and where necessary performing official controls and other official activities.
Amendment 217 #
Proposal for a regulation
Article 21 – paragraph 1 – point b – introductory part
Article 21 – paragraph 1 – point b – introductory part
(b) uniform specific requirements for the performance of official controls and uniform minimum frequency of such official controls on: the presence on the market of genetically modified food and feed that have not been authorised in accordance with Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC or Regulation (EC) No 1829/2003;
Amendment 218 #
Proposal for a regulation
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. Where, for the same area, a Member State confers the responsibility to perform official controls or other official activities onhas more than one competent authority, at national, regional or local level, or where the competent authorities designated in accordance with paragraph 1 are allowed by that designation to transfer specific responsibilities for official controls or other official activities to other public authorities, the Member State shallto other public authorities, care shall be taken to ensure that:
Amendment 219 #
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
a) procedures are put in place procedures to ensure efficient and effective coordination between all authorities involved, and the consistency and effectiveness of official controls or other official activities across the whole of its territory;
Amendment 222 #
Proposal for a regulation
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
b) designate a single authority or several authorities are designated as being responsible tofor coordinateing the cooperation and the contacts with the Commission and other Member States in relation to the official controls and other official activities performed in that area.
Amendment 226 #
Proposal for a regulation
Article 3 – paragraph 4 – subparagraph 1 – point b
Article 3 – paragraph 4 – subparagraph 1 – point b
b) the single authorities designated in accordance with point (b) of paragraph 2;
Amendment 229 #
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
5. Member States may confer ton 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 229 #
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 2
Article 25 – paragraph 2 – subparagraph 2
The first subparagraph shall not apply to the measures to be taken in accordance with Article 135 or with the rules provided for in point (e) of Article 23(2) and point (e) of Article 23(3) following official controls performed to verify compliance with the rules referred to in points (j) and (k) of Article 1(2).
Amendment 230 #
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
4. Where competent authorities delegate specific official control tasks for the verification of compliance with the rules referred to in points (j) and (k) of Article 1(2) to one or more delegated bodies, they shall attribute a code number to each delegated body and designate authorities responsible for their approval and supervision.
Amendment 232 #
Proposal for a regulation
Article 26 – paragraph 1 – point b – point iv a (new)
Article 26 – paragraph 1 – point b – point iv a (new)
(iva) members of their staff shall be required not to disclose information acquired when undertaking their duties in the context of official controls and other official activities which by its nature is covered by professional secrecy.
Amendment 236 #
Proposal for a regulation
Article 33 – paragraph 2 – introductory part
Article 33 – paragraph 2 – introductory part
2. In the absence of the Union rules referred to in paragraph 1, official laboratories shall preferably use state-of- the-art methods for their specific analytical, testing and diagnostic needs, taking into account:
Amendment 238 #
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 2 – point b – point i
Article 34 – paragraph 1 – subparagraph 2 – point b – point i
(i) that a sufficient number of other samples be taken for a second expert opinion; or, and divided into three parts for the purpose of an initial analysis and, if appropriate, a second expert opinion at the request of the operator, then another final analysis, if there is a discrepancy between the two previous ones;
Amendment 239 #
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 2 – point b – point ii
Article 34 – paragraph 1 – subparagraph 2 – point b – point ii
(ii) where it is not possible to take a sufficient number of samples, that a written recorded be left in the laboratory that the sample was divided and, as referred to in point (i), that an independent second analysis, test or diagnosis on the sample be carried out.
Amendment 240 #
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 2 – point b – point ii a (new)
Article 34 – paragraph 1 – subparagraph 2 – point b – point ii a (new)
(iia) In cases where urgent action needs to be taken, or where, for technical reasons, it would be expedient, the second expert onion shall be carried out automatically by the competent body, after it has notified the operator concerned so that it can attend the expert analysis at the time indicated and the single initial analysis and second expert opinion can be conducted on the parts of the sample provided by the control authority and the operator.
Amendment 242 #
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. In the case of animals and goods offered for sale by means of distance communication, the samples ordered from operators by the competent authorities without identifying themselves may be used for the purposes of an official control, except when the only method of sale is on payment of a fee.
Amendment 243 #
Proposal for a regulation
Article 35 – paragraph 2 – introductory part
Article 35 – paragraph 2 – introductory part
2. Competent authorities, once they are in possession of the samples, shall take all steps to ensure that the operators from whom these samples are ordered in accordance with paragraph 1:
Amendment 245 #
Proposal for a regulation
Article 36 – paragraph 5 a (new)
Article 36 – paragraph 5 a (new)
5a. When competent authorities designate a private laboratory to carry out the laboratory analyses, tests and diagnoses on samples taken during official controls, this designation shall not be considered as a delegation of tasks and therefore need not comply with the provisions of chapter III of this Title.
Amendment 248 #
Proposal for a regulation
Article 38 – paragraph 1 – a (new)
Article 38 – paragraph 1 – a (new)
(1a) If a competent authority does not carry out tests, analyses or specific diagnoses as part of its actions, and has designated the same official laboratory for the same type of test, analysis or diagnosis as another competent authority, it shall not need to organise audits or inspections.
Amendment 251 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Competent authorities shall make available the results of the audits referred to in paragraph 1 to the Commission upon justified request.
Amendment 257 #
Proposal for a regulation
Article 7 – title
Article 7 – title
Confidentiality obligations of the staff ofworking for the competent authorities
Amendment 258 #
Proposal for a regulation
Article 47 – paragraph 4 – subparagraph 2
Article 47 – paragraph 4 – subparagraph 2
Where such checks are performed on animals or on products of animal origin, they shall be carried out by an official veterinarian or under his supervision.
Amendment 261 #
Proposal for a regulation
Article 49 – paragraph 1 – point b
Article 49 – paragraph 1 – point b
(b) the time limits and modalities for carrying out documentary, identity and physical checks on transhipped consignments, whose final destination is the EU, of the categories of goods referred to in Article 45(1);
Amendment 262 #
Proposal for a regulation
Article 49 – paragraph 1 – point c
Article 49 – paragraph 1 – point c
(c) the cases where and the conditions under which identity and physical checks of transhipped consignments and of animals arriving by air or sea and staying on the same means of transport for onward travel may be performed at a border control post other than the one of first arrival into the Union;
Amendment 263 #
Proposal for a regulation
Article 51 – paragraph 1 – point a
Article 51 – paragraph 1 – point a
a) identity and physical checks on consignments of the categories of animals and goods referred to in Article 45(1) may be performed by competent authorities at border control points other than border control posts provided that those control points comply with the requirements provided for in Article 62(3) and in the implementing acts adopted in accordance with Article 62(4);
Amendment 264 #
Proposal for a regulation
Article 51 – paragraph 1 – point c – point iii a (new)
Article 51 – paragraph 1 – point c – point iii a (new)
iii a) pets travelling with their owners.
Amendment 265 #
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
2. Point (b) of Article 54(2), point (a) of Article 55(2) and Articles 57, 58, 60, 61, 62(3) and (4), shall apply to the border control points referred to in point (a) of paragraph 1.
Amendment 266 #
Proposal for a regulation
Article 53 – paragraph 2 – subparagraph 2
Article 53 – paragraph 2 – subparagraph 2
Decisions on consignments of animals and products of animal origin shall be taken by an official veterinarian or under his supervision.
Amendment 267 #
Proposal for a regulation
Article 53 – paragraph 2 a (new)
Article 53 – paragraph 2 a (new)
2a. These decisions shall be recorded in the Common Health Entry Document referred to in the following articles.
Amendment 268 #
Proposal for a regulation
Article 54 – paragraph 4 – introductory part
Article 54 – paragraph 4 – introductory part
4. The competent authorities of the border control post shall finalise the CHED as soon as:record the decision on the consignment in the Common Health Entry Document as soon as all official controls required by Article 47(1) have been performed.
Amendment 269 #
Proposal for a regulation
Article 54 – paragraph 4 – point a
Article 54 – paragraph 4 – point a
Amendment 270 #
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 established on their territory, provided that the following conditions are met:
Amendment 270 #
Proposal for a regulation
Article 54 – paragraph 4 – point b
Article 54 – paragraph 4 – point b
Amendment 271 #
Proposal for a regulation
Article 54 – paragraph 4 – point c
Article 54 – paragraph 4 – point c
Amendment 272 #
Proposal for a regulation
Article 56 – paragraph 2
Article 56 – paragraph 2
2. The Commission shall be empowered to adopt delegated acts in accordance with Article 139 concerning rules establishing the cases where and the conditions under which the CHED must accompany consignments of the categories of animals and goods referred to in Article 45(1) to the place of destination. A copy of the CHED shall in any case accompany consignments of the categories of animals and goods referred to in Article 45(1) to the place of destination.
Amendment 273 #
Proposal for a regulation
Article 57 – title
Article 57 – title
Amendment 274 #
Proposal for a regulation
Article 57 – paragraph 2
Article 57 – paragraph 2
2. Member States shall notify the Commission at least three months before designating aof the proposed authorisation of each border control post. That notification shall include all the information necessary for the Commission to verify that the proposed border control post complies with the minimum requirements laid down in Article 62.
Amendment 275 #
Proposal for a regulation
Article 57 – paragraph 3 – point a
Article 57 – paragraph 3 – point a
a) whether the designation of the proposed border control post is dependent upon the favourable outcome of a control performed by Commission experts in accordance with Article 115 in order to verify compliance with the minimum requirements laid down in Article 62, and the date of such a control;
Amendment 276 #
Proposal for a regulation
Article 57 – paragraph 3 – point b
Article 57 – paragraph 3 – point b
b) oif the date of such aMember State has not received any response from the Commission by the end of the three month period, the Member States shall proceed to authorise said border control post.
Amendment 277 #
Proposal for a regulation
Article 57 – paragraph 4
Article 57 – paragraph 4
Amendment 278 #
Proposal for a regulation
Article 62 – paragraph 1
Article 62 – paragraph 1
1. Border control posts shall be located in the immediate vicinity of the point of entry into the Union and in a place that is suitably equipped to be designated by the customs authorities, in accordance with Article 38(1) of Regulation (EEC) No 2913/92.
Amendment 279 #
Proposal for a regulation
Article 63 – paragraph 2
Article 63 – paragraph 2
2. Consignments ofWhere the competent authorities suspect that a consignment contains certain animals and/or goods which arhave not been declared by operators to consist of the categories of animals and goods referred to in Article 45(1), shall be subject to official controls by the competent authorities where there is reason to believe that such categories of animals or goods are present in the consignment, they shall perform the official controls referred to in Article 45(1). 1.
Amendment 280 #
Proposal for a regulation
Article 63 – paragraph 3 – subparagraph 1
Article 63 – paragraph 3 – subparagraph 1
The competent authorities shall placesubject the consignments referred to in paragraphs 1 and 2 underto more stringent checks including necessary sampling and analysis, officially detentionaining them until they obtain the results of the official controls provided for in those paragraphs.
Amendment 281 #
Proposal for a regulation
Article 64 – title
Article 64 – title
Measures to be taken in cases of an attempt to bring non- compliant consignments eintering the Uniono the EU from third countries
Amendment 282 #
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 operators regularlyat suitable intervals, oin a risk basis andline with the risks that may arise in relation to the area concerned, with appropriate frequency, and taking account of:
Amendment 282 #
Proposal for a regulation
Article 64 – paragraph 1 – subparagraph 1
Article 64 – paragraph 1 – subparagraph 1
Amendment 284 #
Proposal for a regulation
Article 64 – paragraph 1 – subparagraph 2
Article 64 – paragraph 1 – subparagraph 2
As appropriate, any such consignment shall be isolated or quarantined and animals belonging to it shall be kept and treated under appropriate conditions pending any further decision. The special needs of other goods shall also be borne in mind.
Amendment 285 #
Proposal for a regulation
Article 64 – paragraph 3 – introductory part
Article 64 – paragraph 3 – introductory part
3. Having, where possible, heard the operator responsible for the consignment, the competent authorities shall, without delay, order that the operatordecide which of the following courses of action to apply to it:
Amendment 286 #
Proposal for a regulation
Article 65 – title
Article 65 – title
Measures to be taken oin animals or goods entering the Unioncases of an attempt to bring non-compliant consignments into the EU from third countries presenting a risk
Amendment 287 #
Proposal for a regulation
Article 67 – paragraph 1
Article 67 – paragraph 1
1. The operator shall carry out all the measures ordered by the competent authorities in accordance with Article 64 (3) and (5) and 65 without delay and, at the latest, in the case of products, within 60 days from the day on which the competent authorities notified the operator of their decision in accordance with Article 64(4).
Amendment 288 #
Proposal for a regulation
Article 71 – paragraph 4 – introductory part
Article 71 – paragraph 4 – introductory part
4. The competent authorities or a delegated body specified in the approval shall:monitoring authority or body recognised by the Commission in the field of ecological products.
Amendment 289 #
Proposal for a regulation
Article 72 – paragraph 1 – point a
Article 72 – paragraph 1 – point a
(a) notify the Commission and the other Member States and operators concerned via the TRACES system, including the measures to be applied, in addition to seeking administrative assistance in accordance with the procedures established in Title IV;
Amendment 290 #
Proposal for a regulation
Article 73 – paragraph 1 a (new)
Article 73 – paragraph 1 a (new)
1a. The customs authorities shall only release those consignments of animals and goods under Article 45 in respect of which the competent authority at the border control post has carried out the official controls provided for in Article 47 and issued a decision recorded in the CHED.
Amendment 292 #
Proposal for a regulation
Article 76 – paragraph 1
Article 76 – paragraph 1
1. Member StatThe competent authorities 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.
Amendment 293 #
Proposal for a regulation
Article 76 – paragraph 1 a (new)
Article 76 – paragraph 1 a (new)
1a. The Member States may collect fees deriving from official control activities under the terms of Article 77.
Amendment 294 #
Proposal for a regulation
Article 76 – paragraph 2
Article 76 – paragraph 2
Amendment 295 #
Proposal for a regulation
Article 76 – paragraph 4
Article 76 – paragraph 4
4. Member States shallmay consult the operators concerned on the methods used to calculate the fees provided for in Article 77.
Amendment 296 #
Proposal for a regulation
Article 77 – title
Article 77 – title
Amendment 299 #
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 to recover the costs they incur in relation to:
Amendment 300 #
Proposal for a regulation
Article 77 – paragraph 1 – point b
Article 77 – paragraph 1 – point b
b) the official controls performed in view of the issuance of official certificates or to supervise the issuance of official attestations;
Amendment 302 #
Proposal for a regulation
Article 77 – paragraph 3 – point b
Article 77 – paragraph 3 – point b
b) the official controls referred to in point (a) and (b) of that paragraph shall not include official controls performed to verify compliance with the rules referred to in Article 1(2)(j) and (k). Nevertheless, costs arising from the verification of compliance with PDOs, PGIs and Certificates of Specific Character, or specific standards of organic agriculture, may be borne by the operators covered by these regimes.
Amendment 304 #
Proposal for a regulation
Article 8 – paragraph 4 – point b
Article 8 – paragraph 4 – point b
(b) the operator hasis obliged to requested such official controls.
Amendment 305 #
Proposal for a regulation
Article 78 – paragraph 1 – introductory part
Article 78 – paragraph 1 – introductory part
1. The competent authorities shallwhich collect fees in accordance with Article 77 shall do so in order to recover the following costs:
Amendment 308 #
Proposal for a regulation
Article 80 – paragraph 1
Article 80 – paragraph 1
Where fees are established in accordance with Article 77 and the necessary financial resources are available and insofar as Article 78 is complied with, when the formula laid down in point (a) of Article 79(1) is used, the rate of the fee towhich may be applied to each operator shallmay be determined taking into account the operators'’ record of compliance with the rules referred to in Article 1(2) as ascertained through official controls, so that fees applied to consistently compliant operators are lower than those applied to other operators.
Amendment 309 #
Proposal for a regulation
Article 81 – paragraph 2
Article 81 – paragraph 2
2. Fees collected in accordance with point (d) of Article 77(1) shall be paid by the operator responsible for the consignment or its representative at the time of its arrival.
Amendment 312 #
Proposal for a regulation
Article 8 – paragraph 6 – introductory part
Article 8 – paragraph 6 – introductory part
6. Competent authorities shall perform official controls withaccording to the same careriteria irrespective of whether the animals and goods concerned are:
Amendment 313 #
Proposal for a regulation
Article 8 – paragraph 6 – point b
Article 8 – paragraph 6 – point b
Amendment 313 #
Proposal for a regulation
Article 82 – paragraph 2
Article 82 – paragraph 2
2. EMember States levying fees in accordance with Article 77 may exempt enterprises employing fewer than 10 persons and whose annual turnover or annual balance sheet total does not exceed EUR 2 million shall be exempted from the payment of the fees provided for in Article 77insofar as the terms of Article 78 have been met.
Amendment 315 #
Proposal for a regulation
Article 83 – paragraph 2
Article 83 – paragraph 2
Amendment 316 #
Proposal for a regulation
Article 84 – paragraph 1 – introductory part
Article 84 – paragraph 1 – introductory part
Competent authorities shallmay charge fees to cover the additional costs they have incurred as a result of:
Amendment 317 #
Proposal for a regulation
Article 85 – paragraph 1 – point b a (new)
Article 85 – paragraph 1 – point b a (new)
(ba) official health attestations
Amendment 318 #
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) on animals and goods at all stages of production, processing, marketing, and distribution;
Amendment 318 #
Proposal for a regulation
Article 85 – paragraph 2
Article 85 – paragraph 2
2. Where the competent authorities delegate specific tasks related to the issuance of official certificates, official attestations or official health attestations, or to the official supervision referred to in Article 90(1) such delegation shall comply with the provisions of Articles 25 to 32.
Amendment 319 #
Proposal for a regulation
Article 86 – paragraph 2
Article 86 – paragraph 2
Amendment 320 #
Proposal for a regulation
Article 87 – paragraph 1
Article 87 – paragraph 1
1. Official certificates shall be issued by the competent authorities or delegated bodies pursuant to Articles 25 to 32.
Amendment 321 #
Proposal for a regulation
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) on operators and the activities and operations under their control, on their premises and processes, and on the storage, transport, and the use of goods and the keeping of animals.
Amendment 323 #
Proposal for a regulation
Article 91 – paragraph 2 – point b a (new)
Article 91 – paragraph 2 – point b a (new)
(ba) hold a supporting letter from the authority competent in the field in question.
Amendment 324 #
Proposal for a regulation
Article 91 – paragraph 2 a (new)
Article 91 – paragraph 2 a (new)
(2a) The designation of reference laboratories shall be reviewed every five years.
Amendment 325 #
Proposal for a regulation
Article 91 – paragraph 2 b (new)
Article 91 – paragraph 2 b (new)
2b. The Commission may, where it considers appropriate, designate more than one reference laboratory for the same disease and thus promote the rotation of national laboratories meeting the requirements of paragraph 3 of this Article.
Amendment 326 #
Proposal for a regulation
Article 91 – paragraph 3 – point g a (new)
Article 91 – paragraph 3 – point g a (new)
(ga) ensure that their staff respect the confidential nature of certain subjects, results or communications.
Amendment 327 #
Proposal for a regulation
Article 92 – paragraph 2 – point a a (new)
Article 92 – paragraph 2 – point a a (new)
(aa) provide reference material free of charge and for unrestricted use (in respect of animal health, strains and serums) to the national reference laboratories to facilitate the adjustment and harmonization of methods of analysis, testing and diagnosis
Amendment 328 #
Proposal for a regulation
Article 92 – paragraph 2 – point b
Article 92 – paragraph 2 – point b
b) coordinating the application by the national reference laboratories and, if necessary, by other official laboratories of the methods referred to in point (a), in particular, by organising regular inter- laboratory comparative testing and by ensuring appropriate follow-up of such comparative testing in accordance, where available, with internationally accepted protocols; they shall inform the competent authorities of the follow-up and results of such inter-laboratory comparative testing.
Amendment 329 #
Proposal for a regulation
Article 92 – paragraph 2 – point d
Article 92 – paragraph 2 – point d
d) conducting training courses free of charge for the benefit of staff from national reference laboratories and, if needed, fromprovide training course for the staff of other official laboratories, as well as of experts from third countries;
Amendment 331 #
Proposal for a regulation
Article 96 – paragraph 1 – introductory part
Article 96 – paragraph 1 – introductory part
The European Union reference centres designated in accordance with Article 95(1) shall be responsible, in accordance with annual or multiannual work programmes approved by the Commission for the following tasks:carrying out the tasks assigned to them.
Amendment 332 #
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 of the information con the following:tained in the annual report provided for in Article 112(1).
Amendment 332 #
Proposal for a regulation
Article 96 – paragraph 1 – point a
Article 96 – paragraph 1 – point a
Amendment 333 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2 – point a
Article 10 – paragraph 1 – subparagraph 2 – point a
Amendment 333 #
Proposal for a regulation
Article 96 – paragraph 1 – point b
Article 96 – paragraph 1 – point b
Amendment 334 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2 – point b
Article 10 – paragraph 1 – subparagraph 2 – point b
Amendment 334 #
Proposal for a regulation
Article 96 – paragraph 1 – point c
Article 96 – paragraph 1 – point c
Amendment 335 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2 – point c
Article 10 – paragraph 1 – subparagraph 2 – point c
Amendment 335 #
Proposal for a regulation
Article 96 – paragraph 1 – point d
Article 96 – paragraph 1 – point d
d) carrying out scientific and technical studies on the welfare of animals used for commercial or scientific purposes;eleted
Amendment 336 #
Proposal for a regulation
Article 96 – paragraph 1 – point e
Article 96 – paragraph 1 – point e
Amendment 337 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2 – point d
Article 10 – paragraph 1 – subparagraph 2 – point d
Amendment 337 #
Proposal for a regulation
Article 96 – paragraph 1 – point f
Article 96 – paragraph 1 – point f
Amendment 338 #
Proposal for a regulation
Article 99 – paragraph 1 – point a
Article 99 – paragraph 1 – point a
a) collaborate with the European Union reference laboratories, and may participate in training courses and in inter-laboratory comparative tests organised by these laboratories;
Amendment 339 #
Proposal for a regulation
Article 99 – paragraph 1 – point b
Article 99 – paragraph 1 – point b
b) coordinate the activities of national official laboratories designated in accordance with Article 36(1) with a view of harmonising and improving the methods of laboratory analysis, test or diagnosis and their use;
Amendment 340 #
Proposal for a regulation
Article 99 – paragraph 1 – point c
Article 99 – paragraph 1 – point c
c) where appropriate, organise inter- laboratory comparative tests between national official laboratories, ensure an appropriate follow-up of such tests and inform the competent authorities of the results of such tests and follow-up;;
Amendment 341 #
Proposal for a regulation
Article 99 – paragraph 1 – point d
Article 99 – paragraph 1 – point d
d) ensure the dissemination to the competent authorities and national official laboratories of information that the European Union reference laboratory supplies;
Amendment 342 #
Proposal for a regulation
Article 99 – paragraph 1 – point f a (new)
Article 99 – paragraph 1 – point f a (new)
(fa) assisting actively in the diagnosis of outbreaks on national territory of animal, foodborne or zoonotic diseases by carrying out confirmatory diagnosis, characterisation and epizootic or taxonomic studies on pathogen isolates or pest specimens, as specified for the national reference laboratories of the European Union in Article 92(2)( h).
Amendment 343 #
Proposal for a regulation
Article 100 – paragraph 2
Article 100 – paragraph 2
Amendment 344 #
Proposal for a regulation
Article 100 – paragraph 5 a (new)
Article 100 – paragraph 5 a (new)
5a. Communications between competent authorities conducted in accordance with the provisions of this title shall be without prejudice to the provisions of Regulation 16/2011 laying down implementing measures for the Rapid Alert System for Food and Feed (RASFF) regarding communications through the RASFF system.
Amendment 345 #
Proposal for a regulation
Article 101 – paragraph 2
Article 101 – paragraph 2
2. The designation of liaison bodies shall not preclude direct contacts, exchange of information or cooperation between the staff ofAdministrative assistance shall, where appropriate, include the participation of the competent authorities of one Member State in official controls on the ground by the competent authorities in differentof another Member States with the knowledge of the liaison body.
Amendment 346 #
Proposal for a regulation
Article 102 – paragraph 1 – point b
Article 102 – paragraph 1 – point b
b) indicate within ten15 days from the date of receipt of the request, the time necessary to provide an informed response to the request;
Amendment 347 #
Proposal for a regulation
Article 103 – paragraph 2 – point b – introductory part
Article 103 – paragraph 2 – point b – introductory part
b) shall indicate within ten15 working days from the date of receipt of the notification:
Amendment 348 #
Proposal for a regulation
Article 105
Article 105
Amendment 349 #
Proposal for a regulation
Article 107 – paragraph 2 – introductory part
Article 107 – paragraph 2 – introductory part
2. Member States shall designate a singlthe authority or authorities responsible for:
Amendment 350 #
Proposal for a regulation
Article 10 – paragraph 3 – introductory part
Article 10 – paragraph 3 – introductory part
3. Competent authorities shall be entitled to publish or make otherwise available to the public information about the rating of individual operators established on their territory based on the outcome of official controls, provided that the following conditions are met:
Amendment 350 #
Proposal for a regulation
Article 107 – paragraph 2 – point b
Article 107 – paragraph 2 – point b
b) ensuring that such plan is coherent and consistently implementedmplies with this Regulation.
Amendment 351 #
Proposal for a regulation
Article 108 – paragraph 2 – introductory part
Article 108 – paragraph 2 – introductory part
2. Multi-annual national control plans shall contain general information on the structure and organisation of the systems of official control in the Member State concerned, for each of the sectors concerned and shall contain at least information on the following:
Amendment 352 #
Proposal for a regulation
Article 110
Article 110
Amendment 353 #
Proposal for a regulation
Article 111 – paragraph 1 – introductory part
Article 111 – paragraph 1 – introductory part
With a view to conducting Union wide targeted assessment of the state of application of the rules referred to in Article 1(2) or establishing the prevalence of certain hazards across the Union, the Commission shall be empowered to adopt delegated acts implementing accordance with Article 139ts concerning:
Amendment 354 #
Proposal for a regulation
Article 111 – paragraph 1 a (new)
Article 111 – paragraph 1 a (new)
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 141(2).
Amendment 358 #
Proposal for a regulation
Article 117 – paragraph 2
Article 117 – paragraph 2
2. The Commission may, by means of implementing acts, amend its control programme to take account of developments in the areas governed by the rules referred to in Article 1(2). Any such amendment shall be communicated to the Member States sufficiently well in advance.
Amendment 359 #
Proposal for a regulation
Article 118 – paragraph 1 – point b
Article 118 – paragraph 1 – point b
Amendment 360 #
Proposal for a regulation
Article 123
Article 123
Amendment 361 #
Proposal for a regulation
Article 129 – paragraph 1 – subparagraph 1
Article 129 – paragraph 1 – subparagraph 1
The Commission mayshall organise training activities for the staff of the competent authorities and, where appropriate, for staff of other authorities of the Member States involved in investigations of possible violations of the provisions of this Regulation and of the rules referred to in Article 1(2).
Amendment 362 #
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
Competent authorities shall draw up reports on every official control that they have performed.
Amendment 362 #
Proposal for a regulation
Article 129 – paragraph 1 – subparagraph 2
Article 129 – paragraph 1 – subparagraph 2
The Commission mayshall organise those activities in cooperation with Member States.
Amendment 364 #
Proposal for a regulation
Article 132 – paragraph 2
Article 132 – paragraph 2
Amendment 365 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Competent authorities shall perform official controls using control methods and techniques that shall, as appropriate, include screening, targeted screening, verificationurveys, surveillance, inspections, audits, sampling, analysis, diagnosis and tests.
Amendment 365 #
Proposal for a regulation
Article 134 – paragraph 3 – point a
Article 134 – paragraph 3 – point a
a) the performance of intensified official controls on animals, goods and operators for an appropriate period;, depending on the nature of the risk in each case.
Amendment 369 #
Proposal for a regulation
Article 13 – paragraph 2 – point b – introductory part
Article 13 – paragraph 2 – point b – introductory part
(b) an inspectioncontrol of:
Amendment 370 #
Proposal for a regulation
Article 13 – paragraph 2 – point b – point i
Article 13 – paragraph 2 – point b – point i
(i) primary produceoperators’ installations and other businesses, including their surroundings, premises, offices, equipment, installations and machinery, transport and their animals and goods;
Amendment 372 #
Proposal for a regulation
Article 139 – paragraph 2
Article 139 – paragraph 2
2. The delegation of power referred to in Articles 4(3), 15(2), 16, 17, 18(3), 19, 20, 21, 22, 23(1), 24(1), 25(3), 26(2), 40, 43(4), 45(3), 46, 49, 51(1), 52(1) and (2), 56(2), 60(3), 62(2), 69(3), 75(1) and (2), 97(2), 98(6), 99(2), 101(3), 106(3), 110, 111, 114(4) and 125(1), the third subparagraph of Article 132(1), Articles 133, 138(1) and (2), 143(2), 144(3), 151(3), 153(3) and 159(3) shall be conferred for an indeterminate period of time period of seven years from the date of entry into force of this Regulation.
Amendment 373 #
Proposal for a regulation
Article 139 – paragraph 2 a (new)
Article 139 – paragraph 2 a (new)
2a. For the period during which these delegated powers are exercised, it is particularly important for the Commission to engage in appropriate consultations at the preparatory stage including consultations with experts. In drawing up working documents with regard to delegated acts, the Commission shall ensure that the most relevant are forwarded simultaneously to the European Parliament and Council when appropriate.
Amendment 375 #
Proposal for a regulation
Article 141 – paragraph 1
Article 141 – paragraph 1
1. The Commission shall be assisted by the Standing Committee on Plants, Animals, Food and Feed established by Article 58(1) of Regulation (EC) No 178/2002. That Committee is a Committee in the meaning of Regulation (EU) No 182/2011, except under Article 23, which requires the Commission to be assisted by committees set up under Regulation (EC) No 834/2007 on organic production, Regulation (EU) No 1151/2012 regarding DOP, PGI and TSG food product designations, Regulation (EC) No 1234/2007 regarding DOP and PGI wine designations and Regulation (EC) No 110/2008 regarding the geographical indications of spirit drinks.
Amendment 376 #
Proposal for a regulation
Article 141 – paragraph 2 – subparagraph 2 a (new)
Article 141 – paragraph 2 – subparagraph 2 a (new)
Where the committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.
Amendment 377 #
Proposal for a regulation
Article 148 – paragraph 1 – point b
Article 148 – paragraph 1 – point b
Amendment 378 #
Proposal for a regulation
Article 150 – paragraph 1 – point a – point ii
Article 150 – paragraph 1 – point a – point ii
Regulation (EC) No1/2005
Article 2
Article 2
'The definitions of 'competent authorities', 'border control post' and, 'official veterinarian' and 'exit point' laid down in points (5), (29), (32), and (36) of Article 2 of Regulation (EU) No XXX/XXXX [Office of Publications, please insert number of this Regulation]* shall also apply.
Amendment 379 #
Proposal for a regulation
Article 150 – paragraph 1 – point b
Article 150 – paragraph 1 – point b
b) Articles 14, 15, 16, 21, 22(2), 23, 24 and 26 are deleted;
Amendment 381 #
Proposal for a regulation
Article 153 – paragraph 1 – point c – point i
Article 153 – paragraph 1 – point c – point i
Regulation (EC) No 834/207
Article 27
Article 27
'Official controls to verify compliance with this Regulation shall be performed in accordance with Regulation (EC) No 882/2004. The delegated body shall be accredited in accordance with standard EN ISO/IEC 17.065.';.
Amendment 383 #
Proposal for a regulation
Article 160 – paragraph 1 – point b – point i
Article 160 – paragraph 1 – point b – point i
Regulation (EC) No 1151/2012
Article 37
Article 37
delegated bodies within the meaning of point 38 of Article 2 of Regulation (EU) No XXX/XXXX [Office of Publications, please insert number of this Regulation]. The delegated bodies shall be accredited in accordance with standard EN ISO/IEC 17.065.';
Amendment 388 #
Proposal for a regulation
Article 14 – paragraph 1 – point d
Article 14 – paragraph 1 – point d
(d) their documents and any other relevant information concerning the official control to be performed.
Amendment 389 #
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 control tasks.
Amendment 391 #
Proposal for a regulation
Article 14 – paragraph 3 – introductory part
Article 14 – paragraph 3 – introductory part
3. The operator responsible for the consignmentanimal or goods shall:
Amendment 395 #
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
Amendment 404 #
Proposal for a regulation
Article 15 – paragraph 1 – point b – point iii
Article 15 – paragraph 1 – point b – point iii
Amendment 405 #
Proposal for a regulation
Article 15 – paragraph 1 – point b – point iv
Article 15 – paragraph 1 – point b – point iv
Amendment 423 #
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 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. Those delegated acts shall lay down rules on:
Amendment 427 #
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point b
Article 15 – paragraph 2 – subparagraph 1 – point b
(b) harmonised uniform specific requirements for the performance of official controls and uniformthe harmonised minimum frequency of such official controls, having regard, in addition to the criteria referred to in Article 8(1), to the specific hazards and risks which exist in relation to each product of animal origin and the different processes it undergoes;
Amendment 433 #
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point c
Article 15 – paragraph 2 – subparagraph 1 – point c
(c) the cases where and the conditions under which skilled slaughterhouse staff may be involved in official controls, and the design and application of specific tests to assess their performanctechnical expertise;
Amendment 456 #
Proposal for a regulation
Article 18 – title
Article 18 – title
Specific rules on official controls and on action to be taken by the competent authorities in relation to the welfare requirements for animalvertebrate animals, products of animal origin not destined for human consumption, germinal products, animal by-products and derived products
Amendment 465 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 467 #
Proposal for a regulation
Article 18 – paragraph 3 – point d
Article 18 – paragraph 3 – point d
d) the verification of animal welfare requirements at border control posts and at exit points and the minimum requirements applicable to such exit points;
Amendment 468 #
Proposal for a regulation
Article 18 – paragraph 3 – point f
Article 18 – paragraph 3 – point f
Amendment 481 #
Proposal for a regulation
Article 21 – title
Article 21 – title
Specific rules on official controls and action to be taken by the competent authorities in relation to GMOs and genetically modified food and feed
Amendment 485 #
Proposal for a regulation
Article 21 – paragraph 1 – point b – introductory part
Article 21 – paragraph 1 – point b – introductory part
b) uniform specific requirements for the performance of official controls and uniform minimum frequency of such official controls on: the presence on the market of genetically modified food and feed that have not been authorised in accordance with Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC or Regulation (EC) No 1829/2003;
Amendment 499 #
Proposal for a regulation
Article 23
Article 23
Amendment 508 #
Proposal for a regulation
Article 23 a (new)
Article 23 a (new)
Amendment 512 #
Proposal for a regulation
Article 24 a (new)
Article 24 a (new)
Article 24a Specific rules on official controls and on action to be taken by the competent authorities in relation to materials and articles intended to come into contact with food. The Commission may adopt implementing acts for the uniform application of the official controls and on action to be taken by the competent authorities in relation to materials and articles intended to come into contact with food. This implementing act shall be adopted in accordance with the examination procedure referred to in Article 141(2).
Amendment 519 #
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 2
Article 25 – paragraph 2 – subparagraph 2
The first subparagraph shall not apply to the measures to be taken in accordance with Article 135 or with the rules provided for in point (ea) of Article 23(2) and point (b) of Article 23(24) following official controls performed to verify compliance with the rules referred to in points (j) and (k) of Article 1(2).
Amendment 524 #
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
4. Where competent authorities delegate specific official control tasks for the verification of compliance with the rules referred to in points (j) and (k) of Article 1(2) to one or more delegated bodies, they shall attribute a code number to each delegated body and designate authorities responsible for their approval and supervision.
Amendment 529 #
Proposal for a regulation
Article 26 – paragraph 1 – point b – point iv a (new)
Article 26 – paragraph 1 – point b – point iv a (new)
iva) members of their staff shall be required not to disclose information acquired when undertaking their duties in the context of official controls and other official activities which by its nature is covered by professional secrecy.
Amendment 535 #
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. Methods used for sampling and for laboratory analyses, tests and diagnoses during official controls and other official activities shall comply with Union rules establishing those methods or the performance criteria for those methods.
Amendment 537 #
Proposal for a regulation
Article 33 – paragraph 2 – introductory part
Article 33 – paragraph 2 – introductory part
2. In the absence of the Union rules referred to in paragraph 1, official laboratories shall preferably use state-of- the-art methods for their specific analytical, testing and diagnostic needs, taking into account:
Amendment 543 #
Proposal for a regulation
Article 33 – paragraph 3
Article 33 – paragraph 3
3. In the context of screening, targeted screening and of other official activitiesprocess of sample selection through selective control and monitoring, any of the methods referred to in paragraph 2 may be used in the absence of Union rules referred to in paragraph 1.
Amendment 560 #
Proposal for a regulation
Article 36 – paragraph 5 – subparagraph 1 – point b
Article 36 – paragraph 5 – subparagraph 1 – point b
b) may comprise one or more methods of laboratory analysis, test or diagnosis or groups of methods; may also be defined in a generic manner by means of analytical techniques, instead of by specific tests or groups of methods;
Amendment 561 #
Proposal for a regulation
Article 36 – paragraph 5 – subparagraph 2
Article 36 – paragraph 5 – subparagraph 2
Where no official laboratory designated in the Union in accordance with paragraph 1 has the expertise, equipment, infrastructure and staff necessary to perform new or particularly uncommon laboratory analyses, tests or diagnoses, the competent authorities may request a laboratory or, diagnostic centre, university or similar centre which does not comply with one or more of the requirements of paragraphs 3 and 4 of this Article to carry out those analyses, tests and diagnoses.
Amendment 562 #
Proposal for a regulation
Article 36 – paragraph 5 a (new)
Article 36 – paragraph 5 a (new)
5a. When competent authorities designate a private laboratory to carry out the laboratory analyses, tests and diagnoses on samples taken during official controls, this designation shall not be considered as a delegation of tasks and therefore need not comply with the provisions of chapter III of this Title.
Amendment 563 #
Proposal for a regulation
Article 36 – paragraph 5 b (new)
Article 36 – paragraph 5 b (new)
5b. It shall not be necessary for the competent authorities to designate national reference laboratories in order for them to carry out tasks corresponding to official laboratories;
Amendment 565 #
Proposal for a regulation
Article 38 – paragraph 1 a (new)
Article 38 – paragraph 1 a (new)
1a. If a competent authority does not carry out tests, analyses or specific diagnoses as part of its actions, and has designated the same official laboratory for the same type of test, analysis or diagnosis as another competent authority, it shall not need to organise audits or inspections.
Amendment 578 #
Proposal for a regulation
Article 43 – title
Article 43 – title
Types of official controls on animals and goods not subject to specific official controls at borders
Amendment 580 #
Proposal for a regulation
Article 43 – paragraph 1 – point b
Article 43 – paragraph 1 – point b
b) include identity and physical checks depending on the risk to human, or animal or plant health, animal welfare or, as regards GMOs and plant protection products, to the environment.
Amendment 581 #
Proposal for a regulation
Article 43 – paragraph 3
Article 43 – paragraph 3
3. Where the documentary, identity and physical checks referred to in paragraph 1 show that animals and goods do not comply with the rules referred to in Article 1(2), Articles 64(1), (3), (4) and (5), 65, 66, 67, 69(1) and (2) and 70(1) and (2) shall apply.
Amendment 582 #
Proposal for a regulation
Article 45 – paragraph 1 – introductory part
Article 45 – paragraph 1 – introductory part
1. To ascertain compliance with the rules referred to in Article 1(2), the competent authorities shall perform official controls, at the border control post of first arrival to the Union, on each consignment of the following categories of animals and goods entering the Union from thirdanimals, products of animal origin and animal subproducts entering the Union from third countries: the identification of animals and goods by TARIC code and the type of check to be carried out at border countries:ol posts is detailed in Annex XX.
Amendment 583 #
Proposal for a regulation
Article 45 – paragraph 1 – point a
Article 45 – paragraph 1 – point a
Amendment 584 #
Proposal for a regulation
Article 45 – paragraph 1 – point b
Article 45 – paragraph 1 – point b
Amendment 589 #
Proposal for a regulation
Article 45 – paragraph 1 – point c
Article 45 – paragraph 1 – point c
Amendment 603 #
Proposal for a regulation
Article 47 – paragraph 4 – subparagraph 2
Article 47 – paragraph 4 – subparagraph 2
Where such checks are performed on animals or on products of animal origin, they shall be carried out by an official veterinarian or under his supervision.
Amendment 604 #
Proposal for a regulation
Article 49 – paragraph 1 – point b
Article 49 – paragraph 1 – point b
b) the time limits and modalities for carrying out documentary, identity and physical checks on transhipped consignments, whose final destination is the EU, of the categories of goods referred to in Article 45(1);
Amendment 605 #
Proposal for a regulation
Article 49 – paragraph 1 – point c
Article 49 – paragraph 1 – point c
c) the cases where and the conditions under which identity and physical checks of transhipped consignments and of animals arriving by air or sea and staying on the same means of transport for onward travel may be performed at a border control post other than the one of first arrival into the Union;
Amendment 609 #
Proposal for a regulation
Article 51 – paragraph 1 – point a
Article 51 – paragraph 1 – point a
a) identity and physical checks on consignments of the categories of animals and goods referred to in Article 45(1) may be performed by competent authorities at border control points other than border control posts provided that those control points comply with the requirements provided for in Article 62(3) and in the implementing acts adopted in accordance with Article 62(4);
Amendment 610 #
Proposal for a regulation
Article 51 – paragraph 1 – point c – point iii
Article 51 – paragraph 1 – point c – point iii
iii) goods ordered by distance sellingsmall consignments sent to private individuals or acquired at a distance (by telephone, post or internet).
Amendment 611 #
Proposal for a regulation
Article 51 – paragraph 1 – point c – point iii a (new)
Article 51 – paragraph 1 – point c – point iii a (new)
iiia) pets travelling with their owners.
Amendment 612 #
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
2. Point (b) of Article 54(2), point (a) of Article 55(2) and Articles 57, 58, 60, 61, 62(3) and (4), shall apply to the border control points referred to in point (a) of paragraph 1.
Amendment 619 #
Proposal for a regulation
Article 53 – paragraph 2 – subparagraph 2
Article 53 – paragraph 2 – subparagraph 2
Decisions on consignments of animals and products of animal origin shall be taken by an official veterinarian or under his supervision.
Amendment 621 #
Proposal for a regulation
Article 53 – paragraph 2 a (new)
Article 53 – paragraph 2 a (new)
2a. These decisions shall be recorded in the Common Health Entry Document referred to in the following articles.
Amendment 624 #
Proposal for a regulation
Article 54 – paragraph 4 – introductory part
Article 54 – paragraph 4 – introductory part
4. The competent authorities of the border control post shall finalise the CHED as soon as:record the decision on the consignment in the Common Health Entry Document as soon as all official controls required by Article 47(1) have been performed.
Amendment 625 #
Proposal for a regulation
Article 54 – paragraph 4 – point a
Article 54 – paragraph 4 – point a
Amendment 626 #
Proposal for a regulation
Article 54 – paragraph 4 – point b
Article 54 – paragraph 4 – point b
Amendment 627 #
Proposal for a regulation
Article 54 – paragraph 4 – point c
Article 54 – paragraph 4 – point c
Amendment 628 #
Proposal for a regulation
Article 56 – paragraph 2
Article 56 – paragraph 2
2. The Commission shall be empowered to adopt delegated acts in accordance with Article 139 concerning rules establishing the cases where and the conditions under which the CHED must accompany consignments of the categories of animals and goods referred to in Article 45(1) to the place of destination. A copy of the CHED shall in any case accompany consignments of the categories of animals and goods referred to in Article 45(1) to the place of destination.
Amendment 629 #
Proposal for a regulation
Article 57 – title
Article 57 – title
Amendment 642 #
Proposal for a regulation
Article 62 – paragraph 1
Article 62 – paragraph 1
1. Border control posts shall be located in the immediate vicinity of the point of entry into the Union and in a place that is suitably equipped to be designated by the customs authorities, in accordance with Article 38(1) of Regulation (EEC) No 2913/92.
Amendment 645 #
Proposal for a regulation
Article 63 – paragraph 2
Article 63 – paragraph 2
2. Consignments ofWhere the competent authorities suspect that a consignment contains certain animals and/or goods which arhave not been declared by operators to consist of the categories of animals and goods referred to in Article 45(1), shall be subject to official controls by the competent authorities where there is reason to believe that such categories of animals or goods are present in the consignment, they shall perform the official controls referred to in Article 45(1).
Amendment 646 #
Proposal for a regulation
Article 63 – paragraph 3 – subparagraph 1
Article 63 – paragraph 3 – subparagraph 1
The competent authorities shall placesubject the consignments referred to in paragraphs 1 and 2 underto more stringent checks including necessary sampling and analysis, officially detentionaining them until they obtain the results of the official controls provided for in those paragraphs.
Amendment 649 #
Proposal for a regulation
Article 64 – title
Article 64 – title
Measures to be taken in cases of non- compliant consignments entering the Union from third countries
Amendment 650 #
Proposal for a regulation
Article 64 – paragraph 1 – subparagraph 1
Article 64 – paragraph 1 – subparagraph 1
Amendment 651 #
Proposal for a regulation
Article 64 – paragraph 1 – subparagraph 2
Article 64 – paragraph 1 – subparagraph 2
As appropriate, any such consignment or part thereof shall be isolated or quarantined and animals belonging to it shall be kept and treated under appropriate conditions pending any further decision. The special needs of other goods shall also be borne in mind.
Amendment 652 #
Proposal for a regulation
Article 64 – paragraph 3 – introductory part
Article 64 – paragraph 3 – introductory part
3. Having, where possible, heard the operator responsible for the consignment, the competent authorities shall, without delay, order that the operatordecide which of the following courses of action to apply to it:
Amendment 653 #
Proposal for a regulation
Article 64 – paragraph 3 – point a
Article 64 – paragraph 3 – point a
a) destroy the consignment or part thereof in compliance, where appropriate, with the rules referred to in Article 1(2); or
Amendment 655 #
Proposal for a regulation
Article 64 – paragraph 3 – point b
Article 64 – paragraph 3 – point b
b) re-dispatch the consignment or part thereof outside the Union in accordance with Article 70(1) and (2); or
Amendment 656 #
Proposal for a regulation
Article 64 – paragraph 3 – point c
Article 64 – paragraph 3 – point c
c) subject the consignment or part thereof to special treatment in accordance with Article 69(1) and (2) or to any other measure necessary to ensure compliance with the rules referred to in Article 1(2), and, where appropriate, destines the consignment for purposes other than those for which it was originally intended.
Amendment 658 #
Proposal for a regulation
Article 65 – title
Article 65 – title
Measures to be taken oin animals or goods entering the Union from third countriecases of non- compliant consignments presenting a risk
Amendment 666 #
Proposal for a regulation
Article 66 – paragraph 1 – point a
Article 66 – paragraph 1 – point a
a) invalidate the official certificates and other official documents accompanying consignments which have been subject to measures pursuant to Article 64(3) and (5) and Article 65;
Amendment 670 #
Proposal for a regulation
Article 67 – paragraph 1
Article 67 – paragraph 1
1. The operator shall carry out all the measures ordered by the competent authorities in accordance with Article 64 (3) and (5) and 65 without delay and, at the latest, in the case of products, within 60 days from the day on which the competent authorities notified the operator of their decision in accordance with Article 64(4).
Amendment 684 #
Proposal for a regulation
Article 71 – paragraph 4 – introductory part
Article 71 – paragraph 4 – introductory part
4. The competent authorities or a delegated body specified in the approvalmonitoring authority or body recognised by the Commission in the field of ecological products shall:
Amendment 685 #
Proposal for a regulation
Article 72 – paragraph 1 – point a
Article 72 – paragraph 1 – point a
a) notify the Commission and the other Member States and operators concerned via the TRACES system, including the measures to be applied, in addition to seeking administrative assistance in accordance with the procedures established in Title IV;
Amendment 686 #
Proposal for a regulation
Article 73 – paragraph 1 a (new)
Article 73 – paragraph 1 a (new)
1a. The customs authorities shall only release those consignments of animals and goods under Article 45 in respect of which the competent authority at the border control post has carried out the official controls provided for in Article 47 and issued a decision recorded in the CHED.
Amendment 699 #
Proposal for a regulation
Article 76 – paragraph 1
Article 76 – paragraph 1
1. Member StatThe competent authorities 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.
Amendment 707 #
Proposal for a regulation
Article 76 – paragraph 1 a (new)
Article 76 – paragraph 1 a (new)
1a. The Member States may collect fees deriving from official control activities under the terms of Article 77.
Amendment 711 #
Proposal for a regulation
Article 76 – paragraph 2
Article 76 – paragraph 2
Amendment 715 #
Proposal for a regulation
Article 76 – paragraph 4
Article 76 – paragraph 4
4. Member States shallmay consult the operators concerned on the methods used to calculate the fees provided for in Article 77.
Amendment 720 #
Proposal for a regulation
Article 77 – title
Article 77 – title
Amendment 727 #
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 to recover the costs they incur in relation to:
Amendment 732 #
Proposal for a regulation
Article 77 – paragraph 1 – point a – point iii
Article 77 – paragraph 1 – point a – point iii
Amendment 735 #
Proposal for a regulation
Article 77 – paragraph 1 – point b
Article 77 – paragraph 1 – point b
b) the official controls performed in view of the issuance of official certificates or to supervise the issuance of official attestations;
Amendment 737 #
Proposal for a regulation
Article 77 – paragraph 1 – point c – point ii
Article 77 – paragraph 1 – point c – point ii
Amendment 743 #
Proposal for a regulation
Article 77 – paragraph 3 – point a
Article 77 – paragraph 3 – point a
Amendment 746 #
Proposal for a regulation
Article 77 – paragraph 3 – point b
Article 77 – paragraph 3 – point b
b) the official controls referred to in point (a) and (b) of that paragraph shall not include official controls performed to verify compliance with the rules referred to in Article 1(2)(j) and (k). Nevertheless, costs arising from the verification of compliance with PDOs, PGIs and Certificates of Specific Character, or specific standards of organic agriculture, may be borne by the operators covered by these regimes.
Amendment 754 #
Proposal for a regulation
Article 78 – paragraph 1 – introductory part
Article 78 – paragraph 1 – introductory part
1. The competent authorities shallwhich collect fees in accordance with Article 77 shall do so in order to recover the following costs:
Amendment 800 #
Proposal for a regulation
Article 80 – paragraph 1
Article 80 – paragraph 1
Where fees are established in accordance with Article 77 and the necessary financial resources are available and insofar as Article 78 is complied with, when the formula laid down in point (a) of Article 79(1) is used, the rate of the fee towhich may be applied to each operator shallmay be determined taking into account the operators'’ record of compliance with the rules referred to in Article 1(2) as ascertained through official controls, so that fees applied to consistently compliant operators are lower than those applied to other operators.
Amendment 802 #
Proposal for a regulation
Article 81 – paragraph 1
Article 81 – paragraph 1
Amendment 804 #
Proposal for a regulation
Article 81 – paragraph 2
Article 81 – paragraph 2
2. Fees collected in accordance with point (d) of Article 77(1) shall be paid by the operator responsible for the consignment or its representative at the time of its arrival.
Amendment 818 #
Proposal for a regulation
Article 82 – paragraph 2
Article 82 – paragraph 2
2. EMember States levying fees in accordance with Article 77 may exempt enterprises employing fewer than 10 persons and whose annual turnover or annual balance sheet total does not exceed EUR 2 million shall be exempted from the payment of the fees provided for in Article 77insofar as the terms of Article 78 have been met.
Amendment 826 #
Proposal for a regulation
Article 83 – paragraph 2
Article 83 – paragraph 2
Amendment 846 #
Proposal for a regulation
Article 84 – paragraph 1 – introductory part
Article 84 – paragraph 1 – introductory part
Competent authorities shallmay charge fees to cover the additional costs they have incurred as a result of:
Amendment 849 #
Proposal for a regulation
Article 85 – paragraph 1 – point b a (new)
Article 85 – paragraph 1 – point b a (new)
ba) official stamps or marks
Amendment 850 #
Proposal for a regulation
Article 85 – paragraph 1 – point b b (new)
Article 85 – paragraph 1 – point b b (new)
bb) health attestations
Amendment 852 #
Proposal for a regulation
Article 86 – paragraph 2
Article 86 – paragraph 2
Amendment 854 #
Proposal for a regulation
Article 87 – paragraph 1
Article 87 – paragraph 1
1. Official certificates shall be issued by the competent authorities or delegated bodies pursuant to Articles 25 to 32.
Amendment 860 #
Proposal for a regulation
Article 91 – paragraph 2 – point b
Article 91 – paragraph 2 – point b
b) be reviewed regularly every five years.
Amendment 861 #
Proposal for a regulation
Article 91 – paragraph 2 – point b a (new)
Article 91 – paragraph 2 – point b a (new)
ba) hold a supporting letter from the authority competent in the field in question.
Amendment 862 #
Proposal for a regulation
Article 91 – paragraph 2 a (new)
Article 91 – paragraph 2 a (new)
2a. The Commission may, where it considers appropriate, designate more than one reference laboratory for the same disease and thus promote the rotation of national laboratories meeting the requirements of paragraph 3 of this Article.
Amendment 865 #
Proposal for a regulation
Article 91 – paragraph 3 – point g a (new)
Article 91 – paragraph 3 – point g a (new)
ga) ensure that their staff respect the confidential nature of certain subjects, results or communications.
Amendment 866 #
Proposal for a regulation
Article 92 – paragraph 2 – point a a (new)
Article 92 – paragraph 2 – point a a (new)
aa) providing reference material free of charge and for unrestricted use (in respect of animal health, strains and serums) to the national reference laboratories to facilitate the adjustment and harmonisation of methods of analysis, testing and diagnosis;
Amendment 867 #
Proposal for a regulation
Article 92 – paragraph 2 – point b
Article 92 – paragraph 2 – point b
b) coordinating the application by the national reference laboratories and, if necessary, by other official laboratories of the methods referred to in point (a), in particular, by organising regular inter- laboratory comparative testing and by ensuring appropriate follow-up of such comparative testing in accordance, where available, with internationally accepted protocols; they shall inform the competent authorities of the follow-up and results of such inter-laboratory comparative testing;
Amendment 868 #
Proposal for a regulation
Article 92 – paragraph 2 – point d
Article 92 – paragraph 2 – point d
d) conducting training courses free of charge for the benefit of staff from national reference laboratories and, if needed,. If needed, conducting training courses for the benefit of staff from other official laboratories, as well as of experts from third countries;
Amendment 885 #
Proposal for a regulation
Article 96 – paragraph 1 – introductory part
Article 96 – paragraph 1 – introductory part
The European Union reference centres designated in accordance with Article 95(1) shall be responsible, in accordance with annual or multiannual work programmes approved by the Commission for the following tasks:carrying out the tasks assigned to them.
Amendment 886 #
Proposal for a regulation
Article 96 – paragraph 1 – point a
Article 96 – paragraph 1 – point a
Amendment 887 #
Proposal for a regulation
Article 96 – paragraph 1 – point b
Article 96 – paragraph 1 – point b
Amendment 889 #
Proposal for a regulation
Article 96 – paragraph 1 – point c
Article 96 – paragraph 1 – point c
Amendment 890 #
Proposal for a regulation
Article 96 – paragraph 1 – point d
Article 96 – paragraph 1 – point d
d) carrying out scientific and technical studies on the welfare of animals used for commercial or scientific purposes;eleted
Amendment 892 #
Proposal for a regulation
Article 96 – paragraph 1 – point e
Article 96 – paragraph 1 – point e
Amendment 893 #
Proposal for a regulation
Article 96 – paragraph 1 – point f
Article 96 – paragraph 1 – point f
Amendment 901 #
Proposal for a regulation
Article 99 – paragraph 1 – point a
Article 99 – paragraph 1 – point a
a) collaborate with the European Union reference laboratories, and may participate in training courses and in inter-laboratory comparative tests organised by these laboratories;
Amendment 902 #
Proposal for a regulation
Article 99 – paragraph 1 – point b
Article 99 – paragraph 1 – point b
b) coordinate the activities of national official laboratories designated in accordance with Article 36(1) with a view of harmonising and improving the methods of laboratory analysis, test or diagnosis and their use;
Amendment 903 #
Proposal for a regulation
Article 99 – paragraph 1 – point c
Article 99 – paragraph 1 – point c
c) where appropriate, organise inter- laboratory comparative tests between national official laboratories, ensure an appropriate follow-up of such tests and inform the competent authorities of the results of such tests and follow-up;;
Amendment 904 #
Proposal for a regulation
Article 99 – paragraph 1 – point d
Article 99 – paragraph 1 – point d
d) ensure the dissemination to the competent authorities and national official laboratories of information that the European Union reference laboratory supplies;
Amendment 905 #
Proposal for a regulation
Article 99 – paragraph 1 – point f a (new)
Article 99 – paragraph 1 – point f a (new)
fa) assist actively in the diagnosis of outbreaks on national territory of animal, foodborne or zoonotic diseases by carrying out confirmatory diagnosis, characterisation and epizootic or taxonomic studies on pathogen isolates or pest specimens, as specified for the national reference laboratories of the Union in Article 92(2)( h).
Amendment 906 #
Proposal for a regulation
Article 100 – paragraph 2
Article 100 – paragraph 2
Amendment 907 #
Proposal for a regulation
Article 100 – paragraph 5
Article 100 – paragraph 5
Amendment 908 #
Proposal for a regulation
Article 100 – paragraph 5 a (new)
Article 100 – paragraph 5 a (new)
5a. Communications between competent authorities conducted in accordance with the provisions of this title shall be without prejudice to the provisions of Commission Regulation (EU) No 16/2011 of 10 January 2011 laying down implementing measures for the Rapid Alert System for Food and Feed (RASFF) regarding communications through the RASFF system.
Amendment 909 #
Proposal for a regulation
Article 101 – paragraph 3
Article 101 – paragraph 3
Amendment 910 #
Proposal for a regulation
Article 101 – paragraph 7
Article 101 – paragraph 7
Amendment 911 #
Proposal for a regulation
Article 102 – paragraph 1 – point b
Article 102 – paragraph 1 – point b
b) indicate within ten15 days from the date of receipt of the request, the time necessary to provide an informed response to the request;
Amendment 912 #
Proposal for a regulation
Article 102 – paragraph 3
Article 102 – paragraph 3
Amendment 913 #
Proposal for a regulation
Article 103 – paragraph 2 – point b – introductory part
Article 103 – paragraph 2 – point b – introductory part
b) shall indicate within ten15 working days from the date of receipt of the notification:
Amendment 916 #
Proposal for a regulation
Article 104 – paragraph 1
Article 104 – paragraph 1
1. Where, during official controls performed on animals or goods originating in another Member State, the competent authorities establish that such animals or goods do not comply with the rules referred to in Article 1(2) in such a way as to create a risk to human, or animal or plant health, animal welfare or, as regards GMOs and plant protection products, to the environment, or to constitute a serious infringement of those rules, they shall, without delay, notify the competent authorities of the Member State of dispatch and of any other concerned Member State in order to enable them to undertake appropriate investigations.
Amendment 919 #
Proposal for a regulation
Article 105
Article 105
Amendment 924 #
Proposal for a regulation
Article 106 – paragraph 3
Article 106 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts may, by means of implementing accordance with Article 139 tots, establish rules for the rapid exchange of information in the cases referred to in paragraph 1.
Amendment 926 #
Proposal for a regulation
Article 107 – paragraph 2 – introductory part
Article 107 – paragraph 2 – introductory part
2. Member States shall designate a singlthe authority or authorities responsible for:
Amendment 929 #
Proposal for a regulation
Article 107 – paragraph 2 – point b
Article 107 – paragraph 2 – point b
b) ensuring that such plan is coherent and consistently implementedmplies with this Regulation.
Amendment 930 #
Proposal for a regulation
Article 108 – paragraph 2 – introductory part
Article 108 – paragraph 2 – introductory part
2. Multi-annual national control plans shall contain general information on the structure and organisation of the systems of official control in the Member State concerned, for each of the sectors concerned and shall contain at least information on the following:
Amendment 938 #
Proposal for a regulation
Article 110
Article 110
Amendment 939 #
Proposal for a regulation
Article 111 – paragraph 1 – introductory part
Article 111 – paragraph 1 – introductory part
With a view to conducting Union wide targeted assessment of the state of application of the rules referred to in Article 1(2) or establishing the prevalence of certain hazards across the Union, the Commission shall be empowered to adopt delegated acts implementing accordance with Article 139ts concerning:
Amendment 941 #
Proposal for a regulation
Article 111 – paragraph 1 – point b
Article 111 – paragraph 1 – point b
b) the organisation, on an ad hoc basis, of the collection of data and information in relation to the application of a specific set of the rules referred to in Article 1(2) or regarding the prevalence of certain hazards.
Amendment 943 #
Proposal for a regulation
Article 111 – paragraph 1 a (new)
Article 111 – paragraph 1 a (new)
1a. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 141(2).
Amendment 957 #
Proposal for a regulation
Article 117 – paragraph 2
Article 117 – paragraph 2
2. The Commission may, by means of implementing acts, amend its control programme to take account of developments in the areas governed by the rules referred to in Article 1(2). Any such amendment shall be communicated to the Member States sufficiently well in advance.
Amendment 958 #
Proposal for a regulation
Article 118 – paragraph 1 – point b
Article 118 – paragraph 1 – point b
b) give all necessary technical assistance and provide all documentation and other technical support thatfor Commission experts request to enable them to perform controls efficiently and effectively;
Amendment 963 #
Proposal for a regulation
Article 119 – paragraph 2 – point f
Article 119 – paragraph 2 – point f
f) where applicable, the situation regarding animal health, and zoonoses and plant health, and procedures for notifying the Commission and relevant international bodies of outbreaks of animal diseases and pests of plants;
Amendment 975 #
Proposal for a regulation
Article 123
Article 123
Amendment 1002 #
Proposal for a regulation
Article 129 – paragraph 1 – subparagraph 1
Article 129 – paragraph 1 – subparagraph 1
The Commission mayshall organise training activities for the staff of the competent authorities and, where appropriate, for staff of other authorities of the Member States involved in investigations of possible violations of the provisions of this Regulation and of the rules referred to in Article 1(2).
Amendment 1003 #
Proposal for a regulation
Article 129 – paragraph 1 – subparagraph 2
Article 129 – paragraph 1 – subparagraph 2
The Commission mayshall organise those activities in cooperation with Member States.
Amendment 1008 #
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 healthorganic farming and any other area, as established by Article 50 of Regulation (EC) No 178/2002, and 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 1014 #
Proposal for a regulation
Article 132 – paragraph 2
Article 132 – paragraph 2
Amendment 1017 #
Proposal for a regulation
Article 134 – paragraph 1
Article 134 – paragraph 1
1. When acting in accordance with this Chapter, the competent authorities shall give priority to action to be taken to eliminate or contain risks to human, and animal and plant health, animal welfare and, as regards GMOs and plant protection products, to the environment.
Amendment 1018 #
Proposal for a regulation
Article 134 – paragraph 3 – point a
Article 134 – paragraph 3 – point a
a) the performance of intensified official controls on animals, goods and operators for an appropriate period, in keeping with the nature of the risk;
Amendment 1034 #
Proposal for a regulation
Article 137 – paragraph 1 – subparagraph 1 – introductory part
Article 137 – paragraph 1 – subparagraph 1 – introductory part
Where the Commission has evidence of a serious failure in a Member State's control systems and such failure may constitute a possible and widespread risk to human, or animal or plant health, animal welfarehealth or, as regards GMOs and plant protection products, to the environment, or result in a widespread infringement of the rules referred to in Article 1(2), it shall, by means of implementing acts, adopt one or more of the following measures, to be applied until the failure in the control system is eliminated:
Amendment 1039 #
Proposal for a regulation
Article 139 – paragraph 2
Article 139 – paragraph 2
2. The delegation of power referred to in Articles 4(3), 15(2), 16, 17, 18(3), 19, 20, 21, 22, 23(1), 24(1), 25(3), 26(2), 40, 43(4), 45(3), 46, 49, 51(1), 52(1) and (2), 56(2), 60(3), 62(2), 69(3), 75(1) and (2), 97(2), 98(6), 99(2), 101(3), 106(3), 110, 111, 114(4) and 125(1), the third subparagraph of Article 132(1), Articles 133, 138(1) and (2), 143(2), 144(3), 151(3), 153(3) and 159(3) shall be conferred for an indeterminate period of time period of seven years from the date of entry into force of this Regulation.
Amendment 1040 #
Proposal for a regulation
Article 139 – paragraph 2 a (new)
Article 139 – paragraph 2 a (new)
Amendment 1042 #
Proposal for a regulation
Article 141 – paragraph 1
Article 141 – paragraph 1
1. The Commission shall be assisted by the Standing Committee on Plants, Animals, Food and Feed established by Article 58(1) of Regulation (EC) No 178/2002. That Committee is a Committee in the meaning of Regulation (EU) No 182/2011. This shall apply with the exception of cases covered by Article 23, which requires the Commission to be assisted by committees set up under Regulation (EC) No 834/2007 on organic production, Regulation (EU) No 1151/2012 regarding DOP, PGI and TSG food product designations, Regulation (EC) No 1234/2007 regarding DOP and PGI wine designations and Regulation (EC) No 110/2008 regarding the geographical indications of spirit drinks.
Amendment 1043 #
Proposal for a regulation
Article 141 – paragraph 2 – subparagraph 2 a (new)
Article 141 – paragraph 2 – subparagraph 2 a (new)
Where the committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.