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20 Amendments of Elisabeth KÖSTINGER related to 2013/0140(COD)

Richard SEEBER, Elisabeth KÖSTINGER

Proposal for a regulation
Article 76 – paragraph 1

1. Member States shall ensure that adequate financial resources are available to provide the staff and other resources necessary for the competent authorities to perform official controls and other official activities. With that aim in view they may collect fees or contributions to costs or use resources from their national budgets.

2013/12/19
Committee: ENVI

Richard SEEBER, Elisabeth KÖSTINGER

Proposal for a regulation
Article 76 – paragraph 2

~~2. In addition to the fees col~~delected ~~in accordance with Article 77, Member States may collect fees to cover costs occasioned by official controls other than those referred to in Article 77(1) and (2).~~

2013/12/19
Committee: ENVI

Richard SEEBER, Elisabeth KÖSTINGER

Proposal for a regulation
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 ~~shall~~may collect fees or contributions to costs to recover the costs they incur in relation to:

2013/12/19
Committee: ENVI

Richard SEEBER, Elisabeth KÖSTINGER

Proposal for a regulation
Article 78 – paragraph 1 – introductory part

1. The competent authorities shall ~~collect fee~~be entitled, when calculating fees or contributions to costs in accordance with Article 77 to ~~recover~~take the following c~~osts:~~riteria into account

2013/12/19
Committee: ENVI

Richard SEEBER, Elisabeth KÖSTINGER

Proposal for a regulation
Article 78 – paragraph 2

2. If the competent authorities collecting fees or contributions to costs in accordance with Article 77 also perform other activities, only the fraction of the cost elements referred to in paragraph 1 of this Article which results from the official controls referred to in Article 77(1) shall be considered for the calculation of the fees or contributions.

2013/12/19
Committee: ENVI

Richard SEEBER, Elisabeth KÖSTINGER

Proposal for a regulation
Article 79 – title

Calculation of fees or contributions to costs

2013/12/19
Committee: ENVI

Richard SEEBER, Elisabeth KÖSTINGER

Proposal for a regulation
Article 79 – paragraph 1 – introductory part

1. ~~Fees collected~~Where fees or contributions to costs which are to be collected from undertakings are set in accordance with Article 77 ~~shall be~~, Member States may:

2013/12/19
Committee: ENVI

Richard SEEBER, Elisabeth KÖSTINGER

Proposal for a regulation
Article 79 – paragraph 1 – point a

(a) established at a flat-rate on the basis of the overall costs of official controls borne by the competent authorities over a given period of time, and applied to all operators irrespective of whether any official control is performed during the reference period in relation to each operator charged; in establishing the level of the fees to be charged on each sector, activity and category of operators, the competent authorities shall take into consideration the impact that the type and the size of the activity concerned and the relevant risk factors have on the distribution of the overall costs of those official controls; or

2013/12/19
Committee: ENVI

Richard SEEBER, Elisabeth KÖSTINGER

Proposal for a regulation
Article 79 – paragraph 1 – subparagraph 1 a (new)

1a. With regard to the amount of the fees or contributions to costs payable by undertakings pursuant to paragraph 1, Member States shall take account of the following: (a) the nature of the undertaking concerned and the associated risk factors; (b) the interests of undertakings with smaller turnovers; (c) traditional methods of production, processing and marketing; (d) the needs of undertakings situated in regions that are subject to special geographic constraints.

2013/12/19
Committee: ENVI

Richard SEEBER, Elisabeth KÖSTINGER

Proposal for a regulation
Article 79 a (new)

Article 79a Minimum fees or contributions to costs 1. Notwithstanding the provisions of Article 77, the Commission shall set by means of an implementing act minimum fees or contributions to costs in relation to production units for controls in connection with the following operations: (a) inspections of animals for slaughter and meat; (b) monitoring of the spread of zoonotic agents, and other monitoring measures for the protection of human health; (c) inspections at meat-cutting plants; (d) inspections at game-processing plants; (e) inspections of milk production and processing; (f) inspections of the production and marketing of fisheries products; (g) imports and transit of goods and live animals; (h) exports of goods and live animals. 2. For the performance of inspections in registered undertakings pursuant to Article 6 of Regulation (EC) No 852/2004, the Commission shall set by means of an implementing act a minimum amount to cover the costs referred to in Article 78(1)(a). The Commission shall establish four bands for the level of the minimum amount, having regard to the different wage levels in the Member States. 3. The fees or contributions to costs collected by the Member States pursuant to paragraph 1 may not be less than the amounts set in the implementing acts pursuant to paragraphs 1 and 2. 4. If the Harmonised Index of Consumer Prices (HICP) pursuant to Regulation (EC) No 2494/95 has risen by at least 5% since rates were last set, the Commission shall republish the minimum fees or contributions to costs set pursuant to paragraphs 1 and 2 by 1 January of the following year with appropriately adjusted values. Amounts equal to or exceeding 0.5 cents shall be rounded up to the next full cent, and amounts under 0.5 cents shall be rounded down. The value taken as a basis for the adjustment to the HICP shall be that which figures in the HICP at the time of publication of the legal acts referred to in paragraphs 1 and 2 in the Official Journal of the European Union. 5. The implementing acts referred to in paragraphs 1 and 2 shall be adopted in accordance with the examination procedure referred to in article 141(2) of this Regulation. 6. In order to take account of the own- control and tracing systems established by undertakings and of the extent to which official controls show regulations to be complied with, Member States may, if the official controls are performed less frequently for a particular type of undertaking or operation or if they wish to take account of the criteria in Article 79, set the contribution for official controls below the minimum amounts provided for in the implementing provisions pursuant to Article 79a on condition that the Member State concerned forwards a report to the Commission indicating: (a) the nature of the goods or operation concerned; (b) the controls performed in the undertaking concerned; (c) the method of calculation of the reduction of the fee or contribution to costs.

2013/12/19
Committee: ENVI

Richard SEEBER, Elisabeth KÖSTINGER

Proposal for a regulation
Article 79 – paragraph 2

2. Travel costs as referred to in point (e) of Article 78(1) shall be considered for the calculation of the fees or contributions to costs referred to in Article 77(1) in a manner that does not discriminate between operators on the basis of the distance of their premises from the location of the competent authorities.

2013/12/19
Committee: ENVI

Richard SEEBER, Elisabeth KÖSTINGER

Proposal for a regulation
Article 80

Reduction of fees for consistently compliant operators Where fees are established in accordance with point (a) of Article 79(1), the rate of the fee to be applied to each operator shall 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.Article 80 deleted

2013/12/19
Committee: ENVI

Richard SEEBER, Elisabeth KÖSTINGER

Proposal for a regulation
Article 82

Fees refunds and exemption for microenterprises 1. Fees provided for in Article 77 shall not directly or indirectly be refunded, unless unduly collected. 2. 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 77. 3. The costs referred to in Articles 77, 78 and 79 shall not include those incurred for the performance of official controls on the enterprises referred to in paragraph 2.Article 82 deleted

2013/12/19
Committee: ENVI

Richard SEEBER, Elisabeth KÖSTINGER

Proposal for a regulation
Article 83 – paragraph 2 – introductory part

2. Each competent authority shall at regular intervals, and at the minimum at the time of publication pursuant to Article 79a(4), make available to the public the following information ~~for each reference period~~:

2013/12/19
Committee: ENVI

Richard SEEBER, Elisabeth KÖSTINGER

Proposal for a regulation
Article 83 – paragraph 2 – point a

(a) the costs to the competent authority for which a fee is due in accordance with Article 77(1), indicating the breakdown of such costs per activity referred to in Article 77(1) and per cost element referred to in Article 78(1);deleted

2013/12/19
Committee: ENVI

Richard SEEBER, Elisabeth KÖSTINGER

Proposal for a regulation
Article 83 – paragraph 2 – point b

(b) the amount of the fees provided for in Article 77(1) applied to each category of operators, and for ~~each category of~~ official controls;

2013/12/19
Committee: ENVI

Richard SEEBER, Elisabeth KÖSTINGER

Proposal for a regulation
Article 83 – paragraph 2 – point c

(c) the method used to establish the fees provided for in Article 77(1)~~, including the data and estimates used for the establishment of the flat rate fees referred to in point (a) of Article 79(1)~~;

2013/12/19
Committee: ENVI

Richard SEEBER, Elisabeth KÖSTINGER

Proposal for a regulation
Article 83 – paragraph 2 – point d

~~(d) where point (a) of Article 79(1) applies, the method used to adjust the level of the fees in accordance with Article 80;~~deleted

2013/12/19
Committee: ENVI

Richard SEEBER, Elisabeth KÖSTINGER

Proposal for a regulation
Article 83 – paragraph 2 – point e

~~(e) the overall amount of fees corresponding to the exemption referred to in Article 82(2).~~deleted

2013/12/19
Committee: ENVI

Richard SEEBER, Elisabeth KÖSTINGER

Proposal for a regulation
Article 83 a (new)

Article 83 a Art 83 - 3. The Commission shall check whether the fees or contributions to costs accord with the requirements of this Regulation.

2013/12/19
Committee: ENVI