47 Amendments of Jolanta Emilia HIBNER related to 2013/0140(COD)
Amendment 143 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – introductory part
Article 2 – paragraph 1 – point 1 – introductory part
1) 'official control' means any form of control, also including controls of requirements for animals and goods from third countries intended for export to third countries, that the competent authorities perform for the verification of compliance with:
Amendment 152 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9 a (new)
Article 2 – paragraph 1 – point 9 a (new)
9a) 'genetically modified feed' means genetically modified feed as defined in Article 2(7) of Regulation (EC) No 1829/2003;
Amendment 153 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9 b (new)
Article 2 – paragraph 1 – point 9 b (new)
9b) 'genetically modified organism for feed use' means genetically modified organism for feed use as defined in Article 2(9) of Regulation (EC) No 1829/2003;
Amendment 154 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9 c (new)
Article 2 – paragraph 1 – point 9 c (new)
9c) ‘feed business operator’ means a feed business operator as defined in Article 3(b) of Regulation (EC) No 183/2005;
Amendment 183 #
Proposal for a regulation
Article 2 – paragraph 1 – point 26
Article 2 – paragraph 1 – point 26
26) 'operator' means any natural andperson, legal person or association of persons which is not a legal person subject to one or more obligations provided for in the rules referred to in Article 1(2), except the competent authorities and the other bodies in charge of official controls and other official activities;
Amendment 185 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28 – point a
Article 2 – paragraph 1 – point 28 – point a
(a) animals, plants, plant products, other objects or goods;
Amendment 186 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28 – point b
Article 2 – paragraph 1 – point 28 – point b
(b) activities under the control of operators falling within the scope of the rules referred to in Article 1(2) and equipment, means of transport, substances and, materials, plant protection products and used to perform those activities;
Amendment 188 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28 – point c
Article 2 – paragraph 1 – point 28 – point c
(c) places where operators perform their activities and when necessary adjacent areas;
Amendment 191 #
Proposal for a regulation
Article 2 – paragraph 1 – point 30 a (new)
Article 2 – paragraph 1 – point 30 a (new)
30a) ‘monitoring’ means conducting a planned sequence of observations or measurements with a view to obtaining an overview of the state of compliance with feed or food law, animal health and animal welfare rules, as defined in Article 2(8) of Regulation (EC) No 882/2004;
Amendment 192 #
Proposal for a regulation
Article 2 – paragraph 1 – point 30 b (new)
Article 2 – paragraph 1 – point 30 b (new)
30b) ‘traceability’ means the ability to trace and follow a food, feed, food- producing animal or substance intended to be, or expected to be incorporated into a food or feed, through all stages of production, processing and distribution, as defined in Article 3(15) of Regulation (EC) No 178/2002;
Amendment 195 #
Proposal for a regulation
Article 2 – paragraph 1 – point 36
Article 2 – paragraph 1 – point 36
36) 'exit point' means a border control post or any other place designated by a Member State where animals, falling within the scope of Regulation (EC) No 1/2005, and consignments of products of animal origin under a transit procedure leave the customs territory of the Union;
Amendment 211 #
Proposal for a regulation
Article 2 – paragraph 1 – point 49
Article 2 – paragraph 1 – point 49
49) 'transhipment' means the movement of goods or animals 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 244 #
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
Competent authorities shall develop and implement training programmes for the purpose of ensuring that staff performing official controls and other official activities receive the training referred to in points (a), (b) and (c).
Amendment 250 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. When, within the services ofactivities carried out by a competent authority, more than one unit is competent to perform official controls or other official activities, efficient and effective coordination and cooperation shall be ensured between the different units.
Amendment 254 #
Proposal for a regulation
Article 6 – title
Article 6 – title
Decisions of the competent authorities concerning natural and legal personoperators
Amendment 255 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
The decisions taken by the competent authorities in accordance with Article 53, Article 64(3) and (5), Articles 65, Article 134(2) and Article 135(1) and (2) concerning natural or legal personoperators shall be subject to the right of appeal of such persons against those decisions in accordance with national law.
Amendment 260 #
Proposal for a regulation
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. Unless there is an overriding public interest justifying its disclosure, information covered by professional secrecy as referred to in paragraph 1 shall include information whose disclosure would undermine:
Amendment 263 #
Proposal for a regulation
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) the protection of operators' commercial interests of a natural or legal person;
Amendment 283 #
Proposal for a regulation
Article 8 – paragraph 1 – point a – point i
Article 8 – paragraph 1 – point a – point i
(i) animals, pests, plants, plant products, other objects and goods;
Amendment 290 #
Proposal for a regulation
Article 8 – paragraph 1 – point a – point iv
Article 8 – paragraph 1 – point a – point iv
(iv) the use of products, processes, materials, feed additives or substances that may influence food or feed safety, animal health or animal welfare, plant health or plant reproductive material identity and quality, or, in the case of GMOs and plant protection products, may adversely impact on the environment;
Amendment 303 #
Proposal for a regulation
Article 8 – paragraph 4 – point a
Article 8 – paragraph 4 – point a
(a) the competent authority acknowledges that prior notification of the operator is necessary;
Amendment 317 #
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) on animals, plants, plant products, use of plant protection products and goods at all stages of production, processing and distribution;
Amendment 319 #
Proposal for a regulation
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) on substances, materials or other objects which may influence the characteristics of animals and goods, at all stages of production, processing and distribution;
Amendment 322 #
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 other areas and processes, on the storage, transport, and the use of goods and the keeping of animals.
Amendment 324 #
Proposal for a regulation
Article 9 – paragraph 1 – point c a (new)
Article 9 – paragraph 1 – point c a (new)
(ca) on all documentation, including documentation kept in electronic form, linked to the activity being performed, or to operations including transport.
Amendment 372 #
Proposal for a regulation
Article 13 – paragraph 2 – point b – point i
Article 13 – paragraph 2 – point b – point i
(i) primary producers' installations and other businesses, including their surroundings, premises and other areas, offices, equipment, installations and machinery, transport and their animals, plants, plant products, other objects, plant protection products and goods;
Amendment 375 #
Proposal for a regulation
Article 13 – paragraph 2 – point b – point ii a (new)
Article 13 – paragraph 2 – point b – point ii a (new)
(iia) materials intended to come into contact with food;
Amendment 380 #
Proposal for a regulation
Article 14 – paragraph 1 – point a
Article 14 – paragraph 1 – point a
(a) their premises;
Amendment 381 #
Proposal for a regulation
Article 14 – paragraph 1 – point b
Article 14 – paragraph 1 – point b
(b) their computerised information management systems;
Amendment 383 #
Proposal for a regulation
Article 14 – paragraph 1 – point c
Article 14 – paragraph 1 – point c
(c) their animals and goods;
Amendment 384 #
Proposal for a regulation
Article 14 – paragraph 1 – point c
Article 14 – paragraph 1 – point c
(c) their animals, plants, plant products, other objects, plant protection products and goods;
Amendment 385 #
Proposal for a regulation
Article 14 – paragraph 1 – point d
Article 14 – paragraph 1 – point d
(d) their documents and any other relevant information.
Amendment 484 #
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, as well as the material scope thereof, and uniform minimum frequency of such official controls on:
Amendment 495 #
Proposal for a regulation
Article 22 – paragraph 2 – point c
Article 22 – paragraph 2 – point c
Amendment 498 #
Proposal for a regulation
Article 22 – paragraph 2 – point d
Article 22 – paragraph 2 – point d
d) the cases where the competent authorities in relation to specific non- compliances are to take one or more of the measures referred to in Article 135(2) or additional measures to those provided for in that paragraph;eleted
Amendment 504 #
Proposal for a regulation
Article 23 – paragraph 2 – point d
Article 23 – paragraph 2 – point d
d) additional methods and techniques for official controls to those referred to in Articles 13 and 33(1) to (5) and specific requirements for the performance of official controls aimed at ensuring the traceability of organic products at all stages of the production, preparation and distribution, and at providing assurances as to compliance with the rules referred to in point (j) of Article 1(2);eleted
Amendment 505 #
Proposal for a regulation
Article 23 – paragraph 2 – point g
Article 23 – paragraph 2 – point g
Amendment 520 #
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) following official controls performed to verify compliance with the rules referred to in points (j) and (k) of Article 1(2).
Amendment 523 #
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 525 #
Proposal for a regulation
Article 26 – paragraph 1 – point a – point ii a (new)
Article 26 – paragraph 1 – point a – point ii a (new)
(iia) the period for which the specific tasks will be delegated;
Amendment 534 #
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. Methods used for sampling and for laboratory analyses, tests and diagnosetests during official controls and other official activities shall comply with Union rules establishing those methods or the performance criteria for those methods.
Amendment 551 #
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 1
Article 34 – paragraph 1 – subparagraph 1
The competent authorities shall ensure that operators, whose animals or goods are subject to sampling, analysis, test or diagnosis in the context of official controls, have the right to apply for a second expert opinion. The operator shall bear the costs of this expert opinion.
Amendment 552 #
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 2 – point a
Article 34 – paragraph 1 – subparagraph 2 – point a
a) shall always entitle the operator to request a documentary review of the sampling, analysis, test or diagnosis by another expert designated by the reference laboratory or, failing that, by another official laboratory which is at least equivalent;
Amendment 558 #
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, samples ordered from operators by the competent authorities without identifying themselves may be used for the purposes of an official control.
Amendment 566 #
Proposal for a regulation
Article 38 – paragraph 2 – point c
Article 38 – paragraph 2 – point c
c) it is underperfobtaining unsatisfactory results in proficiency tests orm ing at the inter-laboratory comparative tests referred to in Article 37(2).
Amendment 567 #
Proposal for a regulation
Article 38 – paragraph 2 – point c – point c a (new)
Article 38 – paragraph 2 – point c – point c a (new)
ca). Member States may designate the national reference laboratory to perform the tasks referred to in paragraph 1.
Amendment 569 #
Proposal for a regulation
Article 39 – paragraph 1 – point a – point iii
Article 39 – paragraph 1 – point a – point iii
(iii) that carry out the detection of Trichinella under the supervision of the competent authorities or of an officialand of the national reference laboratory under the supervision of the European Union reference laboratory designated in accordance with Article 36(1), and assessed and accredited in accordance with the standard EN ISO/IEC 17025 on ‘General requirements for the competence of testing and calibration laboratories’ for the use of the methods referred to in point (a)(ii) of this paragraph;