7 Amendments of Julie GIRLING related to 2012/0278(COD)
Amendment 101 #
Proposal for a regulation
Recital 20
Recital 20
(20) Competent authorities of Member States should check whether users comply with their obligations. In that context, competent authorities should accept internationally recognised certificates of compliance as evidence that the genetic resources covered were legally acquired and that mutually agreed terms were established. When an international certificate is not available, other legally acceptable forms of compliance should be considered evidence that the genetic resources covered were legally acquired and that mutually agreed terms were established. Competent authorities should also keep records of the checks made and relevant information should be made available in accordance with Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information.13
Amendment 135 #
Proposal for a regulation
Article 4 – paragraph 2 – point a – point 5
Article 4 – paragraph 2 – point a – point 5
(5) access decisionpermits and mutually agreed terms, where applicable;
Amendment 164 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Checks mayshall be conducted when a competent authority is in possession of relevant information, including on the basis of substantiated concerns provided by third parties, concerning a user's non- compliance of a user with this Regulation.
Amendment 168 #
Proposal for a regulation
Article 9 – paragraph 5
Article 9 – paragraph 5
5. Competent authorities shall accept an internationally recognised certificate of compliance as evidence that the genetic resource it covers has been accessed in accordance with prior informed consent and that mutually agreed terms have been established, as required by the domestic access and benefit-sharing legislation or regulatory requirements of the Party to the Nagoya Protocol providing the prior informed consent. In the event that an internationally recognised certificate is not available, other legally acceptable forms of compliance should be considered enough evidence that the genetic resources covered were legally obtained and that mutually agreed terms were established.
Amendment 169 #
Proposal for a regulation
Article 9 – paragraph 5 a (new)
Article 9 – paragraph 5 a (new)
5 a. The Implementing Rules will define procedural safeguards with respect to the procedures under Articles 7 and 9 to 11.
Amendment 170 #
Proposal for a regulation
Article 9 – paragraph 6
Article 9 – paragraph 6
6. Users shall offer all assistance necessary to facilitate the performance of the checks referred to in paragraph 1, notably as regards access to premises and the presentation of documentation or records.
Amendment 173 #
Proposal for a regulation
Article 9 – paragraph 7 – subparagraph 2
Article 9 – paragraph 7 – subparagraph 2