Procedure completed, awaiting publication in Official Journal
2013/0141(COD) Protective measures against pests of plants
Lead committee dossier: AGRI/8/04705
Legal Basis TFEU 043
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | AGRI | MCINTYRE Anthea (ECR) | AYUSO Pilar (PPE), DĂNCILĂ Viorica (S&D), HUITEMA Jan (ALDE), SEBASTIÀ Jordi (Verts/ALE), SENRA RODRÍGUEZ Maria Lidia (GUE/NGL), D'AMATO Rosa (EFD) |
| Lead | AGRI | FAJMON Hynek (ECR) | |
| Opinion | ENVI | ROSSI Oreste (PPE) | |
| Opinion | JURI | REGNER Evelyn (S&D) |
Legal Basis TFEU 043
Subjects
Activites
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2016/10/26
Final act signed
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2016/10/26
Decision by Parliament, 2nd reading
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T8-0415/2016
summary
The European Parliament adopted a legislative resolution on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC. In line with the recommendation for second reading by its Committee on Committee on Agriculture and Rural Development, Parliament approved the approved the Council position at first reading without amendment. This Regulation establishes rules to determine the phytosanitary risks posed by any species, strain or biotype of pathogenic agents, animals or parasitic plants injurious to plants or plant products ('pests') and measures to reduce those risks to an acceptable level. Where there is evidence that non-parasitic plants pose phytosanitary risks which would have a severe economic, social and environmental impact on the Union territory, those non-parasitic plants may be considered as pests for the purposes of this Regulation.
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T8-0415/2016
summary
- 2016/10/25 Debate in Parliament
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2016/10/17
Committee recommendation tabled for plenary, 2nd reading
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A8-0293/2016
summary
The Committee on Agriculture and Rural Development adopted the recommendation for second reading contained in the report by Anthea McINTYRE (ECR, UK) on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC. The committee recommended the European Parliament to approve the Council position at first reading. The general objective of the proposed regulation is to deal with the increased risks facing the phytosanitary sector and resulting from the emergence of new pests and new diseases. The text also aims to modernise phytosanitary trade-related instruments, either within the EU (improved traceability in the internal market) or from third countries, favouring a risk-based approach.
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A8-0293/2016
summary
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2016/10/13
Vote in committee, 2nd reading
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2016/09/15
Committee referral announced in Parliament, 2nd reading
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2016/07/19
Council position published
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08795/2/2016
summary
The Council adopted its position at first reading with a view to the adoption of a Regulation of the European Parliament and of the Council on protective measures against pests of plants. The general objective of the Regulation is to address increased risks in the plant health sector, which stem from new pests and diseases (originating from trade globalisation and climate change). The text aims to modernise plant health instruments related to trade, both intra-EU (improved traceability in the internal market) and from third countries, focusing on a risk based approach. The main elements of the Council position are as follows: Subject matter and scope: the text establishes rules to determine the phytosanitary risks posed by any species, strain or biotype of pathogenic agents, animals or parasitic plants injurious to plants or plant products ('pests') and measures to reduce those risks to an acceptable level. In order to allow a more flexible response to existing and emerging risks, the Council position included in the scope of the Regulation non-parasitic plants, subject to the condition that they have a severe economic, social and environmental impact on the Union territory. Quarantine pests: a Union quarantine pest shall not be introduced into, moved within, or held, multiplied or released in, the Union territory. The Commission shall, by means of an implementing act, establish a list of pests which fulfil the conditions listed in the Regulation in respect of the Union territory. Priority pests: those pests have severe impacts for the Union territory and will be identified on the basis of a number of detailed criteria set out in an annex to the Regulation, and their number will not be limited a priori. The Council position also foresees the adoption of the list of priority pests through a delegated act. Each Member State shall draw up and keep up to date a separate plan containing information concerning the decision making processes, procedures and protocols to be followed, and the minimum resources to be made available and the procedures to make available further resources, in the event of an officially confirmed or suspected presence of that pest. Member States shall, on request, communicate their contingency plans to the Commission and to the other Member States, and shall inform all relevant professional operators through publication on the internet. Member States shall carry out simulation exercises concerning the implementation of the contingency plans. Those exercises shall take place with regard to all priority pests concerned within a reasonable period of time and with the involvement of the relevant stakeholders. Protected zone quarantine pests: where a quarantine pest is present in the Union territory but not in the territory of a Member State or a part thereof, and is not a Union quarantine pest, the Commission may, upon application of that Member State, recognise such territory or part thereof as a protected zone as regards that quarantine pest ('protected zone quarantine pest'). A protected zone quarantine pest shall not be introduced into, moved within, or held, multiplied or released in, the respective protected zone. A new provision provides that the Commission may recognise a temporary protected zone to which the conditions of ordinary protected zones shall apply. However for the establishment of a temporary zone only a one-year survey shall be required, instead of a three years survey which is required for the ordinary protected zones. The recognition of a temporary protected zone shall last no longer than three years after recognition, and shall expire automatically after three years. Import regime: the Regulation seeks to prevent pests being introduced into the Union territory through plants, plant products or other objects coming from third countries. The Council position reinforces such a system by introducing the following elements: a new category of 'high risk' plants, plant products or other objects was added: those are plants, plant products or other objects which present, on the basis of a preliminary assessment, a pest risk of an unacceptable level for the Union territory. Therefore their introduction into the Union territory from a third country shall be prohibited, pending the completion of a full risk assessment; phytosanitary certificates, which attest the conformity with the Union legislation of a plant, plant product or other object being imported from a third country into the Union territory, shall be required for an extended range of plants, plant products or other objects. It should be noted that specific rules were added on the introduction into, movement within and movement out of the Union of wood packaging material.
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08795/2/2016
summary
- #3481
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2016/07/18
Council Meeting
- #3470
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2016/05/26
Council Meeting
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2016/04/26
Committee decision to open interinstitutional negotiations after 1st reading in Parliament
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2015/09/22
Ongoing early second reading negotiations
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2014/09/03
Committee decision to open interinstitutional negotiations after 1st reading in Parliament
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2014/04/15
Results of vote in Parliament
- Results of vote in Parliament
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T7-0382/2014
summary
The European Parliament adopted by 478 votes to 46 with 24 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council on protective measures against pests of plants. Parliament’s position in first reading following the ordinary legislative procedure amended the Commission proposal as follows: Purpose and scope: there was a greater risk of species injurious to plants and plant products being introduced into the Union territory owing to globalisation of trade and climate change. Parliament stressed the great importance of prevention and protection measures and early detection of the presence of pests for timely and effective eradication. This Regulation laid down: (i) rules regarding phytosanitary inspections and other official measures by the Member State authorities for the purpose of identifying the phytosanitary risks posed by any species injurious to plants or plant products, including invasive alien plant species which are injurious to plants and (ii) phytosanitary measures necessary to prevent the entry of pests from other Member States or third countries. List of organisms: Parliament considered that the list of Union quarantine pests should be contained in the basic act. Since it was essential to the new regulation, it proposed that the list be annexed to the regulation. The Commission proposal stated that the number of priority pests should not exceed 10% of the number of the Union quarantine pests. Members considered that there should not be an arbitrary limit on the number of pests that might be designated as priority pests. Parliament also recommended that operators should be compensated for carrying out enhanced biosecurity measures essential for early action related to priority pests. Notification of quarantine to competent authorities: the amended text stipulated that if anyone became aware of the presence of a Union quarantine pest or had reason to suspect such a presence, that person should notify the competent authority immediately and confirm notification, in writing, within ten calendar days. Information on plant pests to the public: information should be made available to the public on the potential economic, environmental and social impacts of plant pests, on the key principles of prevention and spread, as well as on the responsibility of society as a whole to ensure phytosanitary health in the Union territory. The Commission should establish and keep up to date a publicly available list of emerging plant pests in third countries that may pose a risk to plant health in the Union territory. Notification of imminent danger: in case of an imminent danger, Member States and professional operators should take all necessary measures, as appropriate to the risk involved, to prevent the entry of such pests in the Union territory. Where the presence of a Union quarantine pest was officially confirmed, the competent authority should immediately take all necessary measures to eliminate that pest, if possible, from the area concerned or, where eradication was not possible, to prevent its spread out of that area. Requirements for phytosanitary transit: Parliament proposed changes to ensure full and effective control and prevent the entry of prohibited goods. For example, an officially approved phytosanitary seal could be used, that served to guarantee the original packaging and means of transport (sealed lorry) and prevented the shipment being split up, hence providing official assurance of risk-free phytosanitary transit through the Union. In the same way, the competent authority of the Member State where those plants, plant products or other objects were introduced into, or for the first time moved within, the Union territory should inform the competent authorities of all other Member States through which those plants were to be moved prior to being moved out of the Union territory. Five years after the date of entry into force of the Regulation the Commission shall present a report, including a cost-benefit analysis, on the enforcement and effectiveness of measures relating to imports into the Union territory, and if appropriate present a legislative proposal Professional operators: Parliament stressed the need to raise awareness of consumers and plant traders and ensure the traceability of distance sales. Members proposed to broaden the scope to ensure that all “distance sellers” were included. Good plant protection practice: Parliament inserted a new Article into the text stating that a professional operator which supplied plants that were subject to prohibitions, requirements or conditions should follow good plant protection practice in order to prevent the occurrence and spread of pests. This involved, for example, monitoring critical points in the production process or in the movement of the plants, which may affect their phytosanitary quality; or ensuring that the competent authorities had access to the facilities, as well as to surveillance data and all related documents. Plant passport: the Commission shall, not later than 5 years after entry into force of the regulation, submit a report to present the experience gained from the extension of the plant passport system to all movement of plants, plant products and other objects within the Union territory with a clear analysis of costs and benefits for the operators. No plant passport should be required for the movement of small, as appropriate to the plants, plant products and other objects concerned, quantities of plants, plant products or other objects to a final user, including home gardeners. Delegated acts: in order to take into account the technical progress, scientific developments and changed circumstances in plant health, the power to adopt acts should be delegated to the Commission in respect of rules amending or supplementing the lists of Union quarantine pests, priority pests as well as of Union quality pests and the plants for planting concerned. In case of a serious phytosanitary risk, the power to adopt acts in accordance with the urgency procedure should be delegated to the Commission in order to list Union quarantine pests as priority pests. Raising awareness: lastly, Members stressed that it was essential to raise awareness of plant pests among green space workers, local authority officials, garden centres, nurseries, importers, landscape gardeners, arboriculturalists, teachers, researchers, business operators, staff of official agencies, elected representatives and ordinary citizens.
- 2014/04/14 Debate in Parliament
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2014/02/27
Committee report tabled for plenary, 1st reading/single reading
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A7-0147/2014
summary
The Committee on Agriculture and Rural Development adopted the report by Hynek FAJMON (ECR, CZ) on the proposal for a regulation of the European Parliament and of the Council on protective measures against pests of plants The committee recommended that Parliament’s position in first reading following the ordinary legislative procedure should amend the Commission proposal as follows: Purpose and scope: Members stressed the great importance of prevention and protection measures and early detection of the presence of pests for timely and effective eradication. This Regulation laid down: (i) rules regarding phytosanitary inspections and other official measures by the Member State authorities for the purpose of identifying the phytosanitary risks posed by any species injurious to plants or plant products, including invasive alien plant species which are injurious to plants and (ii) phytosanitary measures necessary to prevent the entry of pests from other Member States or third countries. List of organisms: Members considered that the list of Union quarantine pests should be contained in the basic act. Since it was essential to the new regulation, they proposed that the list be annexed to the regulation. The Commission proposal stated that the number of priority pests should not exceed 10% of the number of the Union quarantine pests. Members considered that there should not be an arbitrary limit on the number of pests that might be designated as priority pests. The report also recommended that operators should be compensated for carrying out enhanced biosecurity measures essential for early action related to priority pests. Notification of quarantine to competent authorities: the amended text stipulated that if anyone became aware of the presence of a Union quarantine pest or had reason to suspect such a presence, that person should notify the competent authority immediately and confirm notification, in writing, within ten calendar days. Information on plant pests to the public: information should be made available to the public on the potential economic, environmental and social impacts of plant pests, on the key principles of prevention and spread, as well as on the responsibility of society as a whole to ensure phytosanitary health in the Union territory. The Commission should establish and keep up to date a publicly available list of emerging plant pests in third countries that may pose a risk to plant health in the Union territory. Notification of imminent danger: in case of an imminent danger, Member States and professional operators should take all necessary measures, as appropriate to the risk involved, to prevent the entry of such pests in the Union territory. Criteria for to the entry into the Union of plants: Members introduced an amendment setting out a new preventive and comprehensive strategy for import controls, and provided for a transition period to take account of the time needed to put this strategy in place. The report recommended that the Commission should, by means of implementing acts, draw up the list of third countries from which entry of certain species and categories of plants, plant products and other objects into the Union should be permitted. The amendment set out a method for reassessing the phytosanitary risk arising from all type of plants imported, with reference to the third country of origin, and provided for the drawing up of a 'positive' list setting out the plants whose import may be permitted. It set out arrangements for updating and amending the list, as part of a pragmatic approach to dealing with imports into the EU of plant products from third countries. Requirements for phytosanitary transit: the committee proposed changes to ensure full and effective control and prevent the entry of prohibited goods. For example, an officially approved phytosanitary seal could be used, that served to guarantee the original packaging and means of transport (sealed lorry) and prevented the shipment being split up, hence providing official assurance of risk-free phytosanitary transit through the Union. In the same way, the competent authority of the Member State where those plants, plant products or other objects were introduced into, or for the first time moved within, the Union territory should inform the competent authorities of all other Member States through which those plants were to be moved prior to being moved out of the Union territory. Professional operators: Members proposed to broaden the scope to ensure that all “distance sellers” were included. Plant passport: the Commission shall, not later than 5 years after entry into force of the regulation, submit a report to present the experience gained from the extension of the plant passport system to all movement of plants, plant products and other objects within the Union territory with a clear analysis of costs and benefits for the operators. No plant passport should be required for the movement of small, as appropriate to the plants, plant products and other objects concerned, quantities of plants, plant products or other objects to a final user, including home gardeners. Delegated acts: in order to take into account the technical progress, scientific developments and changed circumstances in plant health, the power to adopt acts should be delegated to the Commission in respect of rules amending or supplementing the lists of Union quarantine pests, priority pests as well as of Union quality pests and the plants for planting concerned. In case of a serious phytosanitary risk, the power to adopt acts in accordance with the urgency procedure should be delegated to the Commission in order to list Union quarantine pests as priority pests. Raising awareness: lastly, Members stressed that it was essential to raise awareness of plant pests among green space workers, local authority officials, garden centres, nurseries, importers, landscape gardeners, arboriculturalists, teachers, researchers, business operators, staff of official agencies, elected representatives and ordinary citizens.
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A7-0147/2014
summary
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2014/02/11
Vote in committee, 1st reading/single reading
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2013/05/23
Committee referral announced in Parliament, 1st reading/single reading
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2013/05/06
Legislative proposal published
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COM(2013)0267
summary
PURPOSE: to ensure a harmonised approach with regard to protective measures against pests on plants. PROPOSED ACT: Regulation of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND: the current EU regulatory framework for plant health (Directive 2000/29/EC) aims to protect European agriculture and forestry by preventing the entry and spread of foreign pests. The regime is indispensable for protecting the health, economy and competitiveness of the EU plant production sector as well as for maintaining the Union's open trade policy. However, the existing regulatory framework is criticised for being unable to stop the increased influx of dangerous new pests caused by the globalisation of trade. Moreover climate change enables those pests to survive in Europe, whereas they could not in the past. An evaluation of the regime in 2010 showed that the basic legislation needs to be amended in order to be able to fully address these increased risks. The main problems identified relate to insufficient focus on prevention in relation to increased imports of high-risk commodities. This proposed revision aims to overcome these flaws. It is part of a comprehensive package that also includes three major reviews to modernise the plant reproductive material, animal health, and official controls acquis. IMPACT ASSESSMENT: four options were developed to improve the regime. Option 3 (i.e. to prioritise, modernise, step up prevention and reinforce actions against outbreaks) is the preferred option. This option introduces obligations for surveillance and contingency planning. LEGAL BASIS: Article 43 of the Treaty on the Functioning of the European Union (TFEU). CONTENT: the proposed Regulation replaces and repeals Directive 2000/29/EC. It seeks to put in place a robust, transparent and sustainable regulatory framework for plant health protection. On the whole, this new framework reinforces the synergies with the plant reproductive material regime, while removing avoidable duplications and unnecessary burden from those duplications. This is achieved by repositioning the pests that are currently regulated under the so-called marketing Directives for seed and plant propagating material under the proposed plant health Regulation. In the meantime, the proposal ensures that the existing practical arrangements in the Member States concerning the certification of plant reproductive material for quality pests can remain. The main features of the proposal are as follows: Quarantine pests: the proposal sets out the conceptual nature of quarantine pests and subsequently lists them in implementing acts, either as Union quarantine pests or Protected Zone quarantine pests. The proposal empowers the Commission to list certain quarantine pests as priority pests for the Union, up to a maximum of 10% of the listed Union quarantine pests. Those pests will be subject to an enhanced level of obligations concerning preparedness and eradication, supplemented by enhanced financial support from the Union for the required actions. Quality pests: the proposal categorises all pests that affect the intended use of plants for planting, but do not require eradication, as Union quality pests. It sets out the conceptual nature of such pests and subsequently lists them through implementing acts. Criteria for deciding whether a pest qualifies as a Union quality pest are laid down in the proposed Regulation. Measures in regard to third countries: the proposal lays down rules for recognition of measures of third countries as equivalent to the Union measures, and derogations to the prohibitions. It empowers the Commission to adopt implementing acts to address emerging risks from certain plants for planting from certain third countries which require precautionary measures. The introduction into the Union of regulated plants by passengers in their luggage will no longer be exempted from the respective requirements and prohibitions. Registration of professional operators and traceability: the proposal requires the relevant professional operators to be registered, in a register which will also contain the professional operators required to be registered under the proposed Regulation concerning plant reproductive material. This should reduce burden for professional operators. Certification of plants, plant products and other objects: all plants for planting, other than certain seeds, shall require a phytosanitary certificate for introduction into the Union and a plant passport for movement within the Union. Plant passports shall be required for all movements between professional operators, but not for sales to final non-professional users. The plant passport will be simplified and harmonised. BUDGETARY IMPLICATIONS: the financial provisions and appropriations for implementing the proposed Regulation up to 31 December 2020 will be presented in the forthcoming legal proposal for a Regulation on the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material. The current proposal does not imply any expenditures which will not be part of the financial statement of the legal proposal for that Regulation and it does not require additional human resources. DELEGATED ACTS: the proposal includes provisions empowering the Commission to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union.
- DG {'url': 'http://ec.europa.eu/dgs/health_consumer/index_en.htm', 'title': 'Health and Consumers'}, ANDRIUKAITIS Vytenis Povilas
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COM(2013)0267
summary
Documents
- Legislative proposal published: COM(2013)0267
- Committee report tabled for plenary, 1st reading/single reading: A7-0147/2014
- Debate in Parliament: Debate in Parliament
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading/single reading: T7-0382/2014
- Council position published: 08795/2/2016
- Committee recommendation tabled for plenary, 2nd reading: A8-0293/2016
- Debate in Parliament: Debate in Parliament
- Decision by Parliament, 2nd reading: T8-0415/2016
| Amendments | Dossier |
| 413 |
2013/0141(COD)
2013/11/26
ENVI
115 amendments...
Amendment 100 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 4 Amendment 101 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 4 Amendment 102 #
Proposal for a regulation Article 8 – paragraph 6 – point b Amendment 103 #
Proposal for a regulation Article 13 – paragraph 1 a (new) Member States shall ensure on a regular basis information is available to the public on key principles about prevention and spread of pests and the responsibility of society as a whole to ensure healthy plants in the European territory.
Amendment 104 #
Proposal for a regulation Article 14 – paragraph 1 1. Where a Member State has evidence that there is an imminent danger of the entry of a Union quarantine pest into the Union territory or into a part of that territory where it is not yet present, that Member State shall immediately
Amendment 105 #
Proposal for a regulation Article 14 – paragraph 1 – point a (new) (a) in writing notify the Commission and the other Member States of that evidence;
Amendment 106 #
Proposal for a regulation Article 14 – paragraph 1 – point b (new) (b) based on the risk, take all necessary measures to prevent the entrance of such pests into the Union territory.
Amendment 107 #
Proposal for a regulation Article 15 – paragraph 1 – subparagraph 1 Where a professional operator becomes aware that a Union quarantine pest is present in plants, plant products or other objects which are under its control, it shall, immediately, and after informing and consulting with the competent authority concerned, take the phytosanitary measures necessary to eliminate that pest from the plants, plant products or other objects concerned and from its premises, where applicable, and prevent the spread of that pest. With this aim, the professional operator has to follow a hierarchy of measures for all types of pests in line with integrated pest management principles, making use primarily of non-chemical sustainable agronomic practices and using pesticides as a last resort; all measures should be taken in accordance with Regulation (EC) No 1107/200923d concerning the placing of plant protection products on the market and Directive 2009/128/EC23e establishing a framework for Community action to achieve the sustainable use of pesticides in order to ensure the use of methods/practices which have the lowest health and environmental impact. __________________ 23d OJ L 309, 24.11.2009, p.1 23e OJ L 309, 24.11.2009, p.71
Amendment 108 #
Proposal for a regulation Article 15 – paragraph 3 3. The competent authority shall, where appropriate, ensure that the professional operator concerned recalls from the market the plants, plant products and other objects in which the pest may be present and, where the plants, plant products and other objects may have reached the final user, to recall them from those final users or take other measures to ensure that the pest cannot spread further.
Amendment 109 #
Proposal for a regulation Article 16 – paragraph 1 1. Where the presence of a Union quarantine pest is officially confirmed, the competent authority shall immediately take all necessary measures in line with Directive 2009/128/EC23f establishing a framework for Community action to achieve the sustainable use of pesticides and Regulation (EC) No 1107/200923g concerning the placing of plant protection products on the market, to eliminate that pest in the area concerned and to prevent its spread out of that area (hereinafter:
Amendment 110 #
Proposal for a regulation Article 16 – paragraph 1 a (new) 1a. Where Member States compensate professional operators, pursuant to point (ca) of Article 19(1) of [Office of Publications, please insert number of Regulation (EU) No [.…]/201323h laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material], for the value of plants, plant products or other objects destroyed as part of the measures referred to in paragraph 1 and implemented in a cross-border area, they shall ensure that adequate compensation is coordinated between the Member States concerned so as to avoid, wherever possible, undue market distortion. __________________ 23h OJ L …, …., p….
Amendment 111 #
Proposal for a regulation Article 18 – paragraph 1 – subparagraph 1 Competent authorities shall
Amendment 112 #
Proposal for a regulation Article 18 – paragraph 2 2. Where as a result of
Amendment 113 #
Proposal for a regulation Article 21 – paragraph 2 – subparagraph 2 Those surveys shall take account of scientific and technical evidence, of the preventive agronomic measures taken by professional operators and any other appropriate information, concerning the presence of the pests concerned.
Amendment 114 #
Proposal for a regulation Article 24 – paragraph 1 1. Each Member State shall, after consultation with all the stakeholders concerned, draw up and keep up to date, for each priority pest which is capable of entering into and establishing in its territory, or a part thereof, a separate plan containing information concerning the decision making processes, procedures and protocols to be followed, and resources to be made available, in case of a confirmed or suspected presence of the pest concerned, hereinafter
Amendment 115 #
Proposal for a regulation Article 24 – paragraph 1 1. Each Member State shall
Amendment 116 #
Proposal for a regulation Article 24 – paragraph 2 – subparagraph 1 – point b (b) access of competent authorities to premises of professional operators and of natural persons, where necessary, laboratories, equipment, personnel, external expertise and resources necessary for the rapid
Amendment 117 #
Proposal for a regulation Article 25 – paragraph 1 – subparagraph 2 Those exercises shall take place
Amendment 118 #
Proposal for a regulation Article 25 – paragraph 1 – subparagraph 2 Those exercises shall take place with regard
Amendment 119 #
Proposal for a regulation Article 25 – paragraph 2 – subparagraph 1 As regards priority pests whose presence in one Member state could have impacts for neighbouring Member States, the simulation exercises
Amendment 120 #
Proposal for a regulation Article 25 – paragraph 4 Amendment 121 #
Proposal for a regulation Article 26 – paragraph 1 – subparagraph 1 Where the presence of a priority pest is officially confirmed in the territory of a Member State pursuant to Article 11(1)(a), the competent authority shall immediately adopt a plan in line with the principles of sustainable use of pesticides, as defined in Directive 2009/128/EC23j establishing a framework for Community action to achieve the sustainable use of pesticides, setting out the measures for the eradication of the pest concerned, as provided for in Articles 16, 17 and 18, and a time schedule for the application of those measures. That plan is referred to as the
Amendment 122 #
Proposal for a regulation Article 27 – paragraph 1 – subparagraph 1 – introductory part The Commission
Amendment 123 #
Proposal for a regulation Article 27 – paragraph 5 5. The
Amendment 124 #
Proposal for a regulation Article 28 – paragraph 1 – subparagraph 1 Where the presence of a pest that is not included in the list of Union quarantine pests in the territory of a Member State is
Amendment 125 #
Proposal for a regulation Article 32 – paragraph 1 – subparagraph 1 Where a quarantine pest is present in the Union territory but not present in the Member State concerned,
Amendment 126 #
Proposal for a regulation Article 36 – paragraph 1 – point f Amendment 127 #
Proposal for a regulation Article 37 – paragraph 2 – subparagraph 1 Amendment 128 #
Proposal for a regulation Article 37 – paragraph 2 – subparagraph 2 Amendment 129 #
Proposal for a regulation Article 37 – paragraph 3 – subparagraph 1 The Commission shall amend the
Amendment 130 #
Proposal for a regulation Article 40 – title Amendment 131 #
Proposal for a regulation Article 40 – paragraph 1 – subparagraph 1 The Commission shall adopt an implementing act, containing the plants, plant products and other objects, and the
Amendment 132 #
Proposal for a regulation Article 40 – paragraph 1 – subparagraph 3 a (new) The criteria for drawing up the abovementioned list shall be established through the adoption of delegated acts.
Amendment 133 #
Proposal for a regulation Article 40 – paragraph 2 – subparagraph 1 In case a plant, plant product or other object, originating in or being dispatched from a third country, poses a phytosanitary risk of an unacceptable level by its likelihood to host a Union quarantine pest, and that risk cannot be reduced to an acceptable level by applying one or more of the measures set out in points 2 and 3 of Section 1 of Annex IV on measures and principles for the management of the risks of pests, the Commission shall amend, as appropriate, the implementing act referred to in paragraph 1
Amendment 134 #
Proposal for a regulation Article 40 – paragraph 2 – subparagraph 2 In case a plant, plant product or other object not included in that implementing act does not pose a phytosanitary risk of an unacceptable level, or it poses such a risk but that risk can be reduced to an acceptable level by applying one or more of the measures set out in points 2 and 3 of Section 1 of Annex IV on measures to manage the risks and pathways of quarantine pests, the Commission shall
Amendment 135 #
Proposal for a regulation Article 40 – paragraph 3 3. A plant, plant product or other object listed in the implementing act provided for in paragraph 1
Amendment 137 #
Proposal for a regulation Article 42 – paragraph 1 – introductory part 1.
Amendment 138 #
Proposal for a regulation Article 42 – paragraph 3 Amendment 139 #
Proposal for a regulation Article 43 – paragraph 1 – subparagraph 1 Member States
Amendment 140 #
Proposal for a regulation Article 43 – paragraph 1 – subparagraph 2 That information
Amendment 141 #
Proposal for a regulation Article 44 – paragraph 1 – subparagraph 1 – point a a) they are grown or produced in areas of third countries in the vicinity of their land border with Member States (hereinafter:
Amendment 142 #
Proposal for a regulation Article 45 – title Amendment 143 #
Proposal for a regulation Article 45 – paragraph 1 – subparagraph 1 – introductory part Amendment 144 #
Proposal for a regulation Article 45 – paragraph 1 – subparagraph 1 – point b b) they are packed and moved in such a way that there is no risk of spreading of Union quarantine pests during their introduction into, and passing through, the Union territory, using an officially-approved phytosanitary seal that serves to guarantee the original packaging and means of transport (sealed lorry) and prevents the shipment being split up, hence providing official assurance of risk-free phytosanitary transit through the EU;
Amendment 145 #
Proposal for a regulation Article 45 – paragraph 1 – subparagraph 1 – point c c) they are introduced into, passed through and, without delay, moved out of the Union territory under official control by the competent authorities concerned
Amendment 146 #
Proposal for a regulation Article 45 – paragraph 1 – subparagraph 1 – point c a (new) (ca) Plants, plant products and other objects in phytosanitary transit through Union territory from one third country to another must satisfy the plant health requirements under Article 40, without prejudice to other applicable plant health rules.
Amendment 147 #
Proposal for a regulation Article 45 – paragraph 1 – subparagraph 1 – point c b (new) (cb) In accordance with subparagraph (ca), the competent authority of the Member State where those plants, plant products or other objects are introduced into, or for the first time moved within, the Union territory, must perform the documentary check on that introduction and shall be responsible for the sealing of goods pursuant to subparagraph (b).
Amendment 148 #
Proposal for a regulation Article 45 – paragraph 1 – subparagraph 1 – point c c (new) (cc) Similarly, the competent authority of the Member State from which the goods are moved out of Union territory shall inform the competent authorities of the Member State into which they have been introduced, and the Member State/s through which they have moved, of the fact that the goods have been moved out of Union territory.
Amendment 149 #
Proposal for a regulation Article 45 – paragraph 1 – subparagraph 2 Amendment 151 #
Proposal for a regulation Article 67 – paragraph 1 – point a a (new) (aa) it complies with the methods of production and use of pesticides according to Article 67 of Regulation (EC) No 1107/2009 concerning the placing of plant protection products on the market31a. __________________ 31a OJ L 309, 24.11.2009, p. 1
Amendment 152 #
Proposal for a regulation Article 67 – paragraph 4 a (new) (4a) Plant health certificates may also be used in accordance with the provisions of Regulation (EC) No 338/97 31b or (EC) 865/200631c . __________________ 31b OJ L 61, 3.3.1997, p.1 31c OJ L 166, 19.6.2006, p.1
Amendment 153 #
Proposal for a regulation Article 68 – paragraph 1 – subparagraph 2 – point d d) plants, plant products and other objects listed pursuant to Article
Amendment 154 #
Proposal for a regulation Article 68 – paragraph 1 – subparagraph 3 Points (a) to (d) shall not apply, however, where the act adopted pursuant to Articles 27(1), 29(1) or 4
Amendment 155 #
Proposal for a regulation Article 73 – paragraph 1 A plant passport with an accompanying delivery note shall be an official label for movement of plants, plant products and other objects within the Union territory and, where applicable, into and within protected zones, which certifies compliance with all requirements set out in Article 80 and, for movement into protected zones, Article 81, and has the content and format set out in Article 78.
Amendment 156 #
Proposal for a regulation Article 74 – paragraph 4 a (new) (4a) The Commission shall, not later than …*, submit a report to the European Parliament and the Council to present the experience gained from the extension of the plant passport system to all movement of plants, plant products and other objects within the Union territory with a clear analysis of costs and benefits for the operators. _______________ * Five years after the entry into force of this Regulation.
Amendment 157 #
Proposal for a regulation Article 74 – paragraph 1 – subparagraph 2 – point a (a)
Amendment 158 #
Proposal for a regulation Article 76 a (new) Article 76a Exemption for local trade No plant passport shall be required for plants, plant products and other material which is produced and sold purely locally. The Commission shall be empowered pursuant to Article 98 to adopt delegated acts to define purely local trade.
Amendment 159 #
Proposal for a regulation Article 78 – paragraph 1 – subparagraph 1 Amendment 160 #
Proposal for a regulation Article 78 – paragraph 2 – subparagraph 1 a (new) A plant passport shall also contain information on the methods of production and use of pesticides according to Article 67 of Regulation (EC) 1107/200931d concerning the placing of plant protection products on the market. __________________ 31d OJ L 309, 24.11.2009, p.1
Amendment 161 #
Proposal for a regulation Article 84 Amendment 162 #
Proposal for a regulation Article 84 – paragraph 2 2.
Amendment 163 #
Proposal for a regulation Article 85 – paragraph 1 – subparagraph 1 Amendment 164 #
Proposal for a regulation Article 95 – paragraph 6 a (new) (6a) The Commission shall consult the Advisory Group on the food chain and animal and plant health established under the Commission Decision of 6 August 200431e. This advisory group shall provide inputs during the preparation of implementing and delegated acts. __________________ 31e OJ L 275, 25.8.2004, p.17
Amendment 165 #
Proposal for a regulation Article 96 – paragraph 3 3. The pre-export certificate shall be issued
Amendment 166 #
Proposal for a regulation Article 96 – paragraph 3 – point a (new) (a) on request of the professional operator, by the Member State in which the plants, plant products or other objects were grown, produced or processed, while those plants, plant products or other objects are on the premises of the professional operator concerned;
Amendment 167 #
Proposal for a regulation Article 96 – paragraph 3 – point b (new) (b) by the professional operator in case he was granted an authorisation by the competent authority to issue plant passports, as described in Articles 79, 84, 85, 86, 87 and 90 of this Regulation.
Amendment 168 #
Proposal for a regulation Article 98 – paragraph 2 2. The delegation of power referred to in Articles 1(2), 7(1) and (2), 8(6), 11(3), 20, 22(3), 25(4), 30, 32(4), 34(1), 38, 44(2), 45(3), 46(6), 48, 61(3), 67(4), 71(4), 76, 78(4), 82(4), 84(2), 86(3), 91(2), 92(1) and (3), 93(1), 94(4), 95(5) and 96(5) shall be conferred on the Commission for a
Amendment 169 #
Proposal for a regulation Article 98 – paragraph 2 2. The delegation of power referred to in Articles 1(2), 5(2), 6(2), 7(1) and (2), 8(6), 11(3), 20, 22(3), 25(4), 27, 30, 32(4), 34(1), 37(2), 38, 44(2), 45(3), 46(6), 48, 61(3), 67(4), 71(4), 76, 78(4), 82(4), 84(2), 86(3), 91(2), 92(1) and (3), 93(1), 94(4), 95(5) and 96(5) shall be conferred on the Commission for a
Amendment 170 #
Proposal for a regulation Article 102 – paragraph 2 – point c (c) prevention measures taken against the spread of a priority pest, listed pursuant to Article 6(2) of Regulation (EU) No […]/[…]*, against which Union measures have been adopted pursuant to Article 27(3) or Article 29(3) of that Regulation, where those measures are essential to protect the Union territory against further spread of that priority pest
Amendment 171 #
Proposal for a regulation Article 102 – paragraph 4 – point a – subpoint c a costs incurred by Member States for compensation to the operators referred to in Article 2(7)(a), (b) and (c) of Regulation (EU) [
Amendment 172 #
Proposal for a regulation Article 102 – paragraph 4 – point c a (new) (ca) The following subparagraph is added: operators shall only be compensated if they have first applied obligatory preventative measures under greening and cross compliance rules, secondly used authorised pesticides, and thirdly have fulfilled the requirements of annex III of Directive 2009/128/EC of the European Parliament and of the Council of 21 October 200931h establishing a framework for Community action to achieve the sustainable use of pesticides in following the hierarchy of use of applying physical measures and non-chemical measures first before resorting to authorised pesticides. __________________ 31h OJ L 309, 24.11.2009, p.71
Amendment 173 #
Proposal for a regulation Annex 2 – section 1 – point 4 – paragraph 1 – introductory part The entry, establishment and spread of the pest in the territory in question, or, if present, the part of that territory where it is distributed to a limited extent, shall have unacceptable economic, social and
Amendment 174 #
Proposal for a regulation Annex 2 – section 3 – subsection 1 – point 4 – paragraph 1 Based on the information available to the Member State, the pest has unacceptable economic, social and
Amendment 175 #
Proposal for a regulation Annex 2 – section 3 – subsection 2 – point 4 – paragraph 1 Based on the information available to the Union, the pest has unacceptable economic, social and
Amendment 176 #
Proposal for a regulation Annex 2 – section 4 – point 3 – paragraph 1 – introductory part Infestations of the plants for planting referred to in point (2) with the pest shall have an unacceptable economic and environmental impact on the intended use of those plants as regards one or more of the following points:
Amendment 177 #
Proposal for a regulation Annex 4 – section 2 – paragraph 1 – point 6 a (new) (6a) The environment and health Measures to control the risk of a pest must always take into account health and environmental policies which are of a high standard. The use of pesticides, inter alia, must be limited in so far as possible, and where possible, alternative pest control methods must be used.
Amendment 178 #
Proposal for a regulation Annex I a (new) Amendment 179 #
Proposal for a regulation Annex I b (new) Amendment 180 #
Proposal for a regulation Annex I c (new) Amendment 66 #
Proposal for a regulation Citation 1 Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 43 and 191 thereof,
Amendment 67 #
Proposal for a regulation Recital 1 a (new) (1a) Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market12a, establishes a high level of human, animal and environmental protection while providing clearer rules to make the approval process for plant protection products more effective. __________________ 12a OJ L 309, 24.11.2009, p.1
Amendment 68 #
Proposal for a regulation Recital 1 b (new) (1b) Directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009 establishes a framework for Community action to achieve the sustainable use of pesticides12b, __________________ 12b OJ L 309, 24.11.2009, p.71
Amendment 69 #
Proposal for a regulation Recital 4 a (new) (4a) It is widely accepted that crop rotation is a highly effective measure to prevent establishment of pests in the soil and vegetation;
Amendment 70 #
Proposal for a regulation Recital 4 b (new) (4b) It is widely accepted that pests are attracted to and become established preferentially in monocultures and continuous cropping. Therefore diversification of crops and indeed rotation of crops on the same parcel from year to year decreases susceptibility to pest establishment and population increase.
Amendment 71 #
Proposal for a regulation Recital 13 (13) A professional operator becoming aware of the presence of a Union quarantine pest in a plant, plant product or other object which is or was under its control, should be under an obligation to take all measures that may be appropriate as regards the elimination of the pest in a sustainable way, in line with Directive 2009/128/EC establishing a framework for Community action to achieve the sustainable use of pesticides14a, the withdrawal or recall of the plants, plant products or other objects concerned and the information of the competent authority, other persons in the trade chain and the public. __________________ 14a OJ L 309, 24.11.2009, p.71
Amendment 72 #
Proposal for a regulation Recital 14 (14) Member States should take all necessary measures, making use of the principles of sustainable use of pesticides as mentioned in Directive 2009/128/EC14b, to eradicate Union quarantine pests, when found present in their territories. It is appropriate to set out measures which may be taken by Member States and professional operators in such a case and the principles based on which they are to decide what measures to take. To this end, a hierarchy of measures needs to be defined based on the general principles of integrated pest management (Directive 2009/128/EC). Those measures should include the establishment of restricted areas, consisting of an infested zone and a buffer zone. __________________ 14b OJ L 309, 24.11.2009, p.71
Amendment 73 #
Proposal for a regulation Recital 16 (16)
Amendment 74 #
Proposal for a regulation Recital 19 (19) Under certain conditions Member States should be allowed to adopt more stringent eradication measures than required by Union legislation, as long as they are applied in a sustainable way.
Amendment 75 #
Proposal for a regulation Recital 26 (26) Those prohibitions or requirements should neither apply to small quantities of plants, plant products and other objects
Amendment 76 #
Proposal for a regulation Recital 33 a (new) (33a) Distance sales of plants may pose a high phytosanitary risk when commodities are infested with non-native pests including quarantine pests. In particular, consignments of plants imported from third countries and purchased through distance sales are in many cases non- compliant with the phytosanitary import requirements of the EU. In order to tackle these shortcomings, raising awareness of consumers and plant traders and ensuring the traceability of distance sales established both within the EU and in third countries are essential.
Amendment 77 #
Proposal for a regulation Recital 35 (35) Professional operators operating at more than one premise should be given the
Amendment 78 #
Proposal for a regulation Recital 43 (43) Plant passports should generally be issued by the
Amendment 79 #
Proposal for a regulation Recital 47 (47) Certain authorised operators may desire to establish a phytosanitary risk management plan, ensuring and demonstrating a high level of competence and awareness as regards phytosanitary risks as regards critical points in their professional activities and justifying special control
Amendment 80 #
Proposal for a regulation Recital 63 a (new) (63a) In order to ensure balanced and proportionate application of phytosanitary risks, the Commission should be empowered pursuant to Article 290 TFEU to define actions with regard to regulations for the identification of small producers producing exclusively for the local market, for whom no plant passport is required.
Amendment 81 #
Proposal for a regulation Recital 75 a (new) (75a) The Common Agricultural Policy (CAP) includes provisions linking EU funding/support for farmers to their compliance with specific standards concerning the environment, public health, animal and plant health and animal welfare.
Amendment 82 #
Proposal for a regulation Recital 77 (77) For small and medium enterprises, this Regulation does not create disproportionate administrative burden or economic impact. Under this Regulation, based on consultation with stakeholders, the special situation of small and medium enterprises has been taken into account where possible. A potential universal exemption for micro-enterprises, which make up the majority of companies, has not been considered, in view of the public policy objective(s) to protect plant health. A universal exemption for micro-enterprises with strictly local trade must however be considered in order to ensure proportionate application.
Amendment 83 #
Proposal for a regulation Recital 77 (77) For small and medium enterprises, this Regulation
Amendment 84 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 – point d (d) introduction into, and movement within, and out of the Union territory where activities could give rise to a phytosanitary risk;
Amendment 85 #
Proposal for a regulation Article 2 – paragraph 1 – point 10 (10)
Amendment 86 #
Proposal for a regulation Article 2 – paragraph 1 – point 10 a (new) (10a) 'Non-chemical methods' means alternative methods to chemical pesticides for plant protection and pest management, based on agronomic techniques such as those referred to in point 1 of Annex III of Directive 2009/128/EC establishing a framework for Community action to achieve the sustainable use of pesticides23a, or physical, mechanical or biological pest control methods; __________________ 23a OJ L 309, 24.11.2009, p.71
Amendment 87 #
Proposal for a regulation Article 2 – paragraph 1 – point 10 b (new) (10b) 'Integrated pest management' means careful consideration of all available plant protection methods and the subsequent integration of appropriate measures that discourage the development of populations of harmful organisms and keep the use of plant protection products and other forms of intervention to levels that are economically and ecologically justified and reduce or minimise risks to human health and the environment; it supports the growth of a healthy crop with the least possible disruption to agro- ecosystems and encourages natural pest control mechanisms;
Amendment 88 #
Proposal for a regulation Article 2 – paragraph 1 – point 10 c (new) (10c) 'Preventative actions' means the use of robust agronomic systems and alternatives to pesticides where possible. With this aim, the professional operator has to follow a hierarchy of measures for all types of pests in line with integrated pest management principles, making use primarily of non-chemical sustainable agronomic practices and using pesticides as a last resort; all measures should be taken in accordance with Regulation (EC) No 1107/200923b concerning the placing of plant protection products on the market and Directive 2009/128/EC23c establishing a framework for community action to achieve the sustainable use of pesticides in order to ensure the use of methods/practices which have the lowest health and environmental impact. __________________ 23b OJ L 309, 24.11.2009, p.1 23c OJ L 309, 24.11.2009, p.71
Amendment 89 #
Proposal for a regulation Article 5 – paragraph 2 – subparagraph 1 Amendment 90 #
Proposal for a regulation Article 5 – paragraph 2 – subparagraph 2 That list shall be include
Amendment 91 #
Proposal for a regulation Article 5 – paragraph 3 – subparagraph 1 The Commission shall
Amendment 92 #
Proposal for a regulation Article 5 – paragraph 3 – subparagraph 1 The Commission shall amend the
Amendment 93 #
Proposal for a regulation Article 5 – paragraph 3 – subparagraph 3 Amendment 94 #
Proposal for a regulation Article 5 – paragraph 4 – subparagraph 1 The Commission shall
Amendment 95 #
Proposal for a regulation Article 5 – paragraph 4 – subparagraph 2 Amendment 96 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 1 Amendment 97 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 2 At annual intervals or at the request of an EU Member State, Union quarantine pests shall be reassessed on the basis of a risk analysis. Where the results of an assessment show that a Union quarantine pest fulfils the conditions referred to in paragraph 1, or a pest no longer fulfils one or more of those conditions, the Commission shall, within three months, amend the implementing act referred to in the first subparagraph by adding the pest concerned to, or removing it from, that list.
Amendment 98 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 2 Where the results of an assessment show that a Union quarantine pest fulfils the conditions referred to in paragraph 1, or a pest no longer fulfils one or more of those conditions, the Commission shall
Amendment 99 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 4 source: PE-523.120
2013/12/11
AGRI
297 amendments...
Amendment 100 #
Proposal for a regulation Article 5 – paragraph 2 – subparagraph 2 That list shall be include
Amendment 101 #
Proposal for a regulation Article 5 – paragraph 2 – subparagraph 5 Amendment 102 #
Proposal for a regulation Article 5 – paragraph 2 – subparagraph 5 Amendment 103 #
Proposal for a regulation Article 5 – paragraph 3 – subparagraph 1 The Commission shall
Amendment 104 #
Proposal for a regulation Article 5 – paragraph 3 – subparagraph 1 The Commission shall
Amendment 105 #
Proposal for a regulation Article 5 – paragraph 3 – subparagraph 3 Amendment 106 #
Proposal for a regulation Article 5 – paragraph 3 – subparagraph 3 Amendment 107 #
Proposal for a regulation Article 5 – paragraph 4 – subparagraph 1 The Commission shall
Amendment 108 #
Proposal for a regulation Article 5 – paragraph 4 – subparagraph 1 The Commission shall
Amendment 109 #
Proposal for a regulation Article 5 – paragraph 4 – subparagraph 2 Amendment 110 #
Proposal for a regulation Article 5 – paragraph 4 – subparagraph 2 Amendment 111 #
Proposal for a regulation Article 5 a (new) Article 5 a Application of protected zones for quarantine pests As a derogation from Article 5, the Commission can, through implementing acts, establish protected zones within the territory of the Union for a quarantined pest which poses no risk within certain climatic regions of the Union. Such a derogation is strictly limited to only those areas where the introduction of a pest is only a risk to plant health in certain climatic regions of the Union.
Amendment 112 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 1 Amendment 113 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 1 Amendment 114 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 2 Where the results of an assessment show that a Union quarantine pest fulfils the conditions referred to in paragraph 1, or a pest no longer fulfils one or more of those conditions, the Commission shall
Amendment 115 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 2 Where the results of an assessment show that a Union quarantine pest fulfils the conditions referred to in paragraph 1, or a pest no longer fulfils one or more of those conditions, the Commission shall
Amendment 116 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 4 Amendment 117 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 4 Amendment 118 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 4 Amendment 119 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 4 Amendment 120 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 4 Amendment 121 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 5 Amendment 122 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 5 Amendment 123 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 6 On duly justified imperative grounds of urgency relating to a serious phytosanitary risk, the Commission shall be empowered to adopt immediately applicable
Amendment 124 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 6 On duly justified imperative grounds of urgency relating to a serious phytosanitary risk, the Commission shall be empowered to adopt immediately applicable
Amendment 125 #
Proposal for a regulation Article 7 – paragraph 1 1. The Commission shall be empowered to adopt delegated acts in accordance with Article 98 amending Section 1 of Annex II on criteria to identify pests which qualify as a quarantine pest, as regards the identity of the pest, its presence, its capability of entry, establishment and spread, noting particularly whether it poses a risk to the whole union or just to certain climatic regions and its potential economic, social and environmental impact, taking into account the developments of technical and scientific knowledge.
Amendment 126 #
Proposal for a regulation Article 9 – paragraph 1 1. Where anyone becomes aware of the presence of a Union quarantine pest or has reason to suspect such a presence, that person shall notify the competent authority immediately and shall confirm notification, in writing, to the competent authority within ten calendar days.
Amendment 127 #
Proposal for a regulation Article 12 – paragraph 1 Where the conditions of one of the points of Article 11(1) are fulfilled, the competent authority concerned shall ensure that the public and professional operators, whose plants, plant
Amendment 128 #
Proposal for a regulation Article 13 – paragraph 1 a (new) Member States shall ensure on a regular basis information is available to the public on key principles about prevention and spread of pests and the responsibility of society as a whole to ensure healthy plants in the Union territory..
Amendment 129 #
Proposal for a regulation Article 14 – paragraph 1 1. Where a Member State has evidence that
Amendment 130 #
Proposal for a regulation Article 14 – paragraph 1 – point 1 (new) (1) in writing notify the Commission and the other Member States of that evidence;
Amendment 131 #
Proposal for a regulation Article 14 – paragraph 1 – point 2 (new) (2) based on the risk, take all necessary measures to prevent the entrance of such pests into the Union territory.
Amendment 132 #
Proposal for a regulation Article 15 – paragraph 1 – subparagraph 1 Where a professional operator becomes aware that a Union quarantine pest is present in plants, plant products or other objects which are under its control, it shall, immediately, and after informing and consulting with the competent authority concerned, take the phytosanitary measures necessary to eliminate that pest from the plants, plant products or other objects concerned and from its premises, where applicable, and prevent the spread of that pest. In line with Regulation (EC) No 1107/2009 and Directive 2009/128/EC and the principles of integrated pest management, a hierarchy of measures should be followed, first making use of non-chemical methods and using pesticides as a last resort, in order to ensure the solutions which have the lowest health and environmental impact are utilised.
Amendment 133 #
Proposal for a regulation Article 16 – paragraph 1 1. Where the presence of a Union quarantine pest is officially confirmed, the competent authority shall immediately take all necessary measures to eliminate that pest, i
Amendment 134 #
Proposal for a regulation Article 16 – paragraph 1 1. Where the presence of a Union quarantine pest is officially confirmed, the competent authority shall immediately take all necessary measures in line with Regulation (EC) No 1107/2009 and Directive 128/2009/EC, to eliminate that pest in the area concerned and to prevent its spread out of that area (hereinafter: ‘to eradicate’). Those measures shall be adopted in accordance with Annex IV on measures and principles for the
Amendment 135 #
Proposal for a regulation Article 16 – paragraph 4 4. Private premises of citizens shall not be exempted from the measures, referred to in paragraph 1, and the investigations, referred to in paragraph 2. However measures concerning private premises of citizens are only allowed if all of the following conditions are fulfilled: (a) the competent authority can proof that a specific phytosanitary risk is originating from a defined premise; (b) The measures ordered are – compared to the possible violation of Fundamental Rights – assessed taking into account the specifics of each given case and found proportionate and necessary; (c) The procedures applied allow for an appeal and the citizens concerned were informed about the possibility to appeal (d) The affected citizens have the right to freely choose a suitable operator to contract with the performance of the necessary measures.
Amendment 136 #
Proposal for a regulation Article 18 – paragraph 1 – subparagraph 1 Competent authorities shall
Amendment 137 #
Proposal for a regulation Article 18 – paragraph 2 2. Where as a result of
Amendment 138 #
Proposal for a regulation Article 18 – paragraph 4 4. Competent authorities may decide to abolish a restricted area and terminate the respective eradication measures, provided that during the surveys referred to in paragraph 1 no presence of the pest concerned has been found in that restricted area for a sufficiently long period to verify the pest free status.
Amendment 139 #
Proposal for a regulation Article 20 – paragraph 1 The Commission shall be empowered to adopt delegated acts in accordance with
Amendment 140 #
Proposal for a regulation Article 20 – paragraph 1 The Commission shall be empowered to adopt delegated acts in accordance with Article 98, amending Section 1 of Annex IV on measures to manage the risks of quarantine pests, as regards the measures targeting prevention and elimination of infestation of cultivated and wild plants, measures targeting consignments of plants, plant products and other objects, measures targeting other pathways for quarantine pests, and amending Section 2 of that
Amendment 141 #
Proposal for a regulation Article 20 – paragraph 1 The Commission shall be empowered to adopt delegated acts in accordance with Article 98, amending Section 1 of Annex IV on measures to manage the risks of quarantine pests, as regards the measures targeting prevention and elimination of infestation of cultivated and wild plants, measures targeting consignments of plants, plant products and other objects, measures targeting other pathways for quarantine pests, and amending Section 2 of that Annex on principles for the management of the risks of pests, as regards principles for the management of the risks of pests, taking into account the developments of technical and scientific knowledge, and International Standards for Phytosanitary Measures (ISPMs), as set up by the International Plant Protection Convention (IPPC).
Amendment 142 #
Proposal for a regulation Article 21 – paragraph 1 1. Member States shall conduct surveys based on apparent risks, over specific periods of time, checking for the presence of any Union quarantine pest, and signs or symptoms of any pest provisionally qualifying as Union quarantine pest, pursuant to Section 3 of Annex II, in all areas where that pest was not known to be present.
Amendment 143 #
Proposal for a regulation Article 21 – paragraph 2 – subparagraph 2 Those surveys shall take account of scientific and technical evidence, including preventative actions taken by the professional operator, and any other appropriate information, concerning the presence of the pests concerned.
Amendment 144 #
Proposal for a regulation Article 24 – paragraph 1 1. Each Member State shall draw up and keep up to date, for each priority pest which is capable of entering into and establishing in its territory, or a part thereof, a separate plan containing information concerning the decision making processes, procedures and protocols to be followed, and resources to be made available, in case of a confirmed or suspected presence of the pest concerned, hereinafter ‘the contingency plan’. Member States shall at an early stage involve all relevant stakeholders in the process drawing up and keeping up to date the contingency plan.
Amendment 145 #
Proposal for a regulation Article 24 – paragraph 2 – subparagraph 1 – point b (b) access of competent authorities to premises of professional operators and of natural persons, where necessary, laboratories, equipment, personnel, external expertise and resources necessary for the rapid and effective eradication in line with Directive 128/2009/EC or, where appropriate, containment of the priority pest concerned;
Amendment 146 #
Proposal for a regulation Article 24 – paragraph 2 – subparagraph 1 – point b (b) access of competent authorities to premises of professional operators and compliance of natural persons, where necessary, laboratories, equipment, personnel, external expertise and resources necessary for the rapid and effective eradication or, where appropriate, containment of the priority pest concerned;
Amendment 147 #
Proposal for a regulation Article 24 – paragraph 4 4. Member States shall communicate their contingency plans to the Commission
Amendment 148 #
Proposal for a regulation Article 24 – paragraph 4 4. Member States shall communicate their contingency plans to the Commission and to the other Member States on request, and shall inform all relevant operators.
Amendment 149 #
Proposal for a regulation Article 25 – paragraph 1 – subparagraph 2 Those exercises shall take place with regards to all priority pests concerned within a reasonable period of time, and shall involve all relevant stakeholders.
Amendment 150 #
Proposal for a regulation Article 25 – paragraph 2 – subparagraph 1 As regards priority pests whose presence in one Member state could have impacts for neighbouring Member States, the simulation exercises
Amendment 151 #
Proposal for a regulation Article 25 – paragraph 4 – point a Amendment 152 #
Proposal for a regulation Article 25 – paragraph 4 – point c c) co-operation between Member States, and of Member States with third countries, as well as pre-shipment inspections carried out in third countries, which shall also be responsible for bearing the cost of those inspections;
Amendment 153 #
Proposal for a regulation Article 26 – paragraph 1 – subparagraph 1 Where the presence of
Amendment 154 #
Proposal for a regulation Article 26 – paragraph 1 – subparagraph 1 Where the presence of a priority pest is officially confirmed in the territory of a Member State pursuant to Article 11(1)(a), the competent authority shall immediately adopt a plan, in line with the principles outlined in Directive 128/2009/EC, setting out the measures for
Amendment 155 #
Proposal for a regulation Article 26 – paragraph 1 – subparagraph 1 Where the presence of a priority pest is officially confirmed in the territory of a Member State pursuant to Article 11(1)(a), the competent authority, after consulting the operators concerned, shall immediately adopt a plan setting out the measures for the eradication of the pest concerned, as provided for in Articles 16, 17 and 18, and a time schedule for the application of those measures. That plan is referred to as the ‘eradication plan.
Amendment 156 #
Proposal for a regulation Article 27 – paragraph 1 – subparagraph 1 – introductory part The Commission
Amendment 157 #
Proposal for a regulation Article 27 – paragraph 1 – subparagraph 1 – introductory part The Commission
Amendment 158 #
Proposal for a regulation Article 27 – paragraph 1 – subparagraph 2 Amendment 159 #
Proposal for a regulation Article 27 – paragraph 1 – subparagraph 2 Amendment 160 #
Proposal for a regulation Article 27 – paragraph 2 2. Where, as regards a restricted area, the Commission concludes, on the basis of the surveys referred to in Article 18 or other evidence, that the eradication of the Union quarantine pest concerned is not possible, the Commission
Amendment 161 #
Proposal for a regulation Article 27 – paragraph 2 2. Where, as regards a restricted area, the Commission concludes, on the basis of the surveys referred to in Article 18 or other evidence, that the eradication of the Union quarantine pest concerned is not possible, the Commission
Amendment 162 #
Proposal for a regulation Article 27 – paragraph 3 3. In case the Commission concludes that prevention measures in locations outside restricted areas are necessary to protect the part of the Union territory where the Union quarantine pest concerned is not present, the Commission
Amendment 163 #
Proposal for a regulation Article 27 – paragraph 3 3. In case the Commission concludes that prevention measures in locations outside restricted areas are necessary to protect the part of the Union territory where the Union quarantine pest concerned is not present, the Commission
Amendment 164 #
Proposal for a regulation Article 27 – paragraph 5 5. The
Amendment 165 #
Proposal for a regulation Article 27 – paragraph 5 5. The
Amendment 166 #
Proposal for a regulation Article 27 – paragraph 6 Amendment 167 #
Proposal for a regulation Article 27 – paragraph 6 6. On duly justified imperative grounds of urgency to address a serious phytosanitary risk, the Commission shall adopt immediately applicable
Amendment 168 #
Proposal for a regulation Article 27 – paragraph 6 6. On duly justified imperative grounds of urgency to address a serious phytosanitary risk, the Commission shall adopt immediately applicable
Amendment 169 #
Proposal for a regulation Article 27 – paragraph 7 Amendment 170 #
Proposal for a regulation Article 28 – paragraph 1 – subparagraph 1 Where the presence of a pest that is not included in the list of Union quarantine pests in the territory of a Member State is officially confirmed, and the competent authority concerned considers that that pest may fulfil the conditions for inclusion in the list of Union quarantine pests, it shall immediately assess whether that pest fulfils the criteria of Subsection 1 of Section 3 of Annex II. If it concludes that those criteria are fulfilled, it shall immediately take eradication measures in accordance with Annex IV on measures and principles for the management of the risks of pests. Articles 16 to 19 shall apply. Eradication measures shall be in line with the principles of sustainable use of pesticides, as defined in Directive 2009/128/EC.
Amendment 171 #
Proposal for a regulation Article 29 – paragraph 6 Amendment 172 #
Proposal for a regulation Article 31 – paragraph 1 – subparagraph 2 Amendment 173 #
Proposal for a regulation Article 31 – paragraph 1 – subparagraph 2 Amendment 174 #
Proposal for a regulation Article 32 – paragraph 1 – subparagraph 1 Where a quarantine pest is present in the Union territory but not present in the Member State concerned,
Amendment 175 #
Proposal for a regulation Article 32 – paragraph 1 – subparagraph 1 Where a quarantine pest is present in the Union territory but not present in the Member State concerned,
Amendment 176 #
Proposal for a regulation Article 36 – paragraph 1 – introductory part A pest shall be referred to as a '
Amendment 177 #
Proposal for a regulation Article 36 – paragraph 1 – introductory part A pest shall be referred to as a ‘Union quality pest’ if it fulfils all of the following conditions and it is included in the list referred to in Article 37:
Amendment 178 #
Proposal for a regulation Article 36 – paragraph 1 – point f Amendment 179 #
Proposal for a regulation Article 36 – paragraph 1 – point f Amendment 180 #
Proposal for a regulation Article 37 – paragraph 2 – subparagraph 1 Amendment 181 #
Proposal for a regulation Article 37 – paragraph 2 – subparagraph 1 Amendment 182 #
Proposal for a regulation Article 37 – paragraph 2 – subparagraph 2 Amendment 183 #
Proposal for a regulation Article 37 – paragraph 2 – subparagraph 2 Amendment 184 #
Proposal for a regulation Article 37 – paragraph 2 – subparagraph 3 Amendment 185 #
Proposal for a regulation Article 37 – paragraph 3 – subparagraph 1 The Commission shall amend the
Amendment 186 #
Proposal for a regulation Article 37 – paragraph 3 – subparagraph 1 The Commission shall amend the
Amendment 187 #
Proposal for a regulation Article 37 – paragraph 3 – subparagraph 1 The Commission shall amend the implementing act referred to in paragraph 2, where an assessment shows that a pest not listed in that act fulfils the conditions referred to in Article 36, a pest listed in that implementing act no longer fulfils one or more of those conditions or where amendments to that list are necessary, as regards categories referred to in paragraph 4 or thresholds referred to in paragraph 5. Stakeholders shall be involved in the process of establishing this list.
Amendment 188 #
Proposal for a regulation Article 37 – paragraph 6 Amendment 189 #
Proposal for a regulation Article 40 – title Amendment 190 #
Proposal for a regulation Article 40 – title Amendment 191 #
Proposal for a regulation Article 40 – title Amendment 192 #
Proposal for a regulation Article 40 – paragraph 1 Amendment 193 #
Proposal for a regulation Article 40 – paragraph 1 – subparagraph 1 The Commission shall adopt an implementing act, containing the plants, plant products and other objects, and the
Amendment 194 #
Proposal for a regulation Article 40 – paragraph 1 – subparagraph 1 The Commission shall adopt an implementing act, containing the plants, plant products and other objects, and the
Amendment 195 #
Proposal for a regulation Article 40 – paragraph 1 – subparagraph 1 a (new) 1. After a period of three years from the date of publication of this Regulation, the Member States shall authorise the entry into the Union of consignments of plants, plant products and other relevant objects from third countries only if they originate in a country that features on the list in the new Article 40a in respect of species of plants, plant products and other relevant objects, or in an area of such a country, except where they are covered by a derogation or by additional provisions adopted pursuant to Articles 45 and 46.
Amendment 196 #
Proposal for a regulation Article 40 – paragraph 1 – subparagraph 3 a (new) The criteria for the drawing up of the abovementioned list shall be established by means of a delegated act in accordance with Article 98.
Amendment 197 #
Proposal for a regulation Article 40 – paragraph 1 – subparagraph 3 a (new) The criteria for the drawing up of the abovementioned list shall be established by adopting delegated acts in accordance with Article 98.
Amendment 198 #
Proposal for a regulation Article 40 – paragraph 2 Amendment 199 #
Proposal for a regulation Article 40 – paragraph 2 – subparagraph 1 In case a plant, plant product or other object, originating in or being dispatched from a third country, poses a phytosanitary risk of an unacceptable level by its likelihood to host a Union quarantine pest, and that risk cannot be reduced to an acceptable level by applying one or more of the measures set out in points 2 and 3 of Section 1 of Annex IV on measures and principles for the management of the risks of pests, the Commission shall amend, as appropriate, the implementing act referred to in paragraph 1
Amendment 200 #
Proposal for a regulation Article 40 – paragraph 2 – subparagraph 1 a (new) Those measures, along with those referred to in paragraph 1, are hereinafter referred to as ‘special requirements’. The measures may take the form of specific requirements, adopted in accordance with Article 42(1), for the introduction into the Union territory of particular plants, plant products or other objects, which are equivalent to special requirements for the movement of those plants, plant products or other objects within the Union territory (hereinafter: 'equivalent requirements').
Amendment 201 #
Proposal for a regulation Article 40 – paragraph 2 – subparagraph 2 In case a plant, plant product or other object not included in that implementing act does not pose a phytosanitary risk of an unacceptable level, or it poses such a risk but that risk can be reduced to an acceptable level by applying one or more of the measures set out in points 2 and 3 of Section 1 of Annex IV on measures to manage the risks and pathways of quarantine pests, the Commission shall amend that implementing act, as appropriate
Amendment 202 #
Proposal for a regulation Article 40 – paragraph 2 – subparagraph 5 Amendment 203 #
Proposal for a regulation Article 40 – paragraph 2 a (new) Amendment 204 #
Proposal for a regulation Article 40 – paragraph 3 Amendment 205 #
Proposal for a regulation Article 40 – paragraph 3 3. A plant, plant product or other object listed in the implementing act provided for in paragraph 1
Amendment 206 #
Proposal for a regulation Article 40 – paragraph 3 3. A plant, plant product or other object listed in the implementing act provided for in paragraph 1
Amendment 207 #
Proposal for a regulation Article 40 – paragraph 4 Amendment 208 #
Proposal for a regulation Article 40 – paragraph 4 – subparagraph 2 The third country from which the plants, plant products or other objects were introduced into the Union territory shall be notified
Amendment 209 #
Proposal for a regulation Article 40 a (new) Amendment 210 #
Proposal for a regulation Article 40 b (new) Article 40b Information to be included in the lists of third countries The list provided for in Article 40a shall comprise two sections, in which the plants, plant products and other objects shall be specified using the codes set out in Commission Regulation (EU) No 1006/2011. If, for a given code, only some of the plants are concerned, the scientific name of each of those plants shall be specified. If some of the plants, plant products and other objects coming under a given code are not concerned, this shall be indicated by specifying their scientific names. 1. In the first section the Commission shall list for each third country the plants, plant products and other objects which pose a negligible phytosanitary risk and may be brought in to the territory of the Union without them being required to be presented at the point of entry into the Union for the purposes of official controls in accordance with Article 45 of Regulation (EU) No […] [Official controls]. The list shall indicate any plants, plant products and other objects which may be brought into the Union only from a specific zone in the third country. 2. In the second section the Commission shall list for each third country the plants, plant products and other objects which pose an acceptable phytosanitary risk but may be brought in to the territory of the Union only after they have been presented at the point of entry into the Union for the purposes of official controls in accordance with Article 45 of Regulation (EU) No […] [Official controls]. The list shall indicate any plants, plant products and other objects which may be brought into the Union only from a specific zone in the third country. The list shall also specify any special requirements and state whether compliance with those requirements must be certified by means of additional declarations included in the plant health certificate.
Amendment 211 #
Proposal for a regulation Article 40 c (new) Amendment 214 #
Proposal for a regulation Article 41 – paragraph 3 3. A plant, plant product or other object listed in the implementing act provided for in paragraph 1 may only be introduced into, or moved within following introduction, the Union territory if the special requirements, or equivalent requirements, are fulfilled.
Amendment 215 #
Proposal for a regulation Article 42 – paragraph 1 – introductory part 1.
Amendment 216 #
Proposal for a regulation Article 42 – paragraph 1 – introductory part 1.
Amendment 217 #
Proposal for a regulation Article 42 – paragraph 3 Amendment 218 #
Proposal for a regulation Article 42 – paragraph 3 Amendment 219 #
Proposal for a regulation Article 43 – paragraph 1 – subparagraph 1 Member States
Amendment 220 #
Proposal for a regulation Article 43 – paragraph 1 – subparagraph 1 Member States
Amendment 221 #
Proposal for a regulation Article 43 – paragraph 1 – subparagraph 1 Member States and international transport operators shall make information available to passengers concerning the prohibitions, set out pursuant to Article 40(3), the requirements, set out pursuant to Articles 41(1) and 4
Amendment 222 #
Proposal for a regulation Article 43 – paragraph 1 – subparagraph 2 That information
Amendment 223 #
Proposal for a regulation Article 43 – paragraph 1 – subparagraph 2 That information
Amendment 224 #
Proposal for a regulation Article 44 – paragraph 1 – subparagraph 1 – introductory part By way of derogation from Article
Amendment 225 #
Proposal for a regulation Article 44 – paragraph 1 – subparagraph 1 – point a (a) they are grown or produced in areas of third countries in the vicinity of their land border with Member States (hereinafter: ‘third country frontier zones’);
Amendment 226 #
Proposal for a regulation Article 44 – paragraph 1 – subparagraph 1 – point a (a) they are grown or produced in areas of third countries in the vicinity of their land border with Member States (hereinafter: ‘third country frontier zones’);
Amendment 227 #
Proposal for a regulation Article 45 – title Amendment 228 #
Proposal for a regulation Article 45 – title Amendment 229 #
Proposal for a regulation Article 45 – paragraph 1 – subparagraph 1 – introductory part Amendment 230 #
Proposal for a regulation Article 45 – paragraph 1 – subparagraph 1 – introductory part Amendment 231 #
Proposal for a regulation Article 45 – paragraph 1 – subparagraph 1 – point b (b) they are packed and moved in such a way that there is no risk of spreading of Union quarantine pests during their introduction into, and passing through, the Union territory, using an officially- approved phytosanitary seal that serves to guarantee the original packaging and means of transport (sealed lorry) and prevents the shipment being split up, hence providing official assurance of risk- free phytosanitary transit through the Union;
Amendment 232 #
Proposal for a regulation Article 45 – paragraph 1 – subparagraph 1 – point b (b) they are packed and moved in such a way that there is no risk of spreading of Union quarantine pests during their introduction into, and passing through, the Union territory
Amendment 233 #
Proposal for a regulation Article 45 – paragraph 1 – subparagraph 1 – point c (c) they are introduced into, passed through and, without delay, moved out of the Union territory under official control by the competent authorities concerned and under the supervision of customs officers. The competent authority of the Member State where those plants, plant products or other objects are introduced into, or for the first time moved within, the Union territory shall inform the competent authorities of all other Member States through which those plants, plant products or other objects are to be moved prior to being moved out of the Union territory.
Amendment 234 #
Proposal for a regulation Article 45 – paragraph 1 – subparagraph 1 – point c (c) they are introduced into, passed through and, without delay, moved out of the Union territory under official control by the competent authorities concerned and under the supervision of customs officers.
Amendment 235 #
Proposal for a regulation Article 45 – paragraph 1 – subparagraph 1 – point c a (new) (ca) Plants, plant products and other objects in phytosanitary transit through Union territory from one third country to another must satisfy the plant health requirements under Article 40 without prejudice to other applicable plant health rules.
Amendment 236 #
Proposal for a regulation Article 45 – paragraph 1 – subparagraph 1 a (new) Plants, plant products and other objects in phytosanitary transit through Union territory from one third country to another must satisfy plant health requirements pursuant to Article 40, without prejudice to other applicable plant health rules.
Amendment 237 #
Proposal for a regulation Article 45 – paragraph 1 – subparagraph 1 – point c b (new) (cb) In accordance with subparagraph (ca), the competent authority of the Member State where those plants, plant products or other objects are introduced into, or for the first time moved within, the Union territory, must perform the documentary check on that introduction and shall be responsible for the sealing of goods pursuant to subparagraph (b).
Amendment 238 #
Proposal for a regulation Article 45 – paragraph 1 – subparagraph 1 – point c c (new) (cc) Similarly, the competent authority of the Member State where the goods in transit are moved out of Union territory shall inform the competent authorities of the Member State into which they were introduced, and the Member State(s) through which they have been moved, of the fact that the goods have been moved out of Union territory.
Amendment 239 #
Proposal for a regulation Article 45 – paragraph 1 – subparagraph 1 b (new) In accordance with the previous paragraph, the competent authority of the Member State where those plants, plant products or other objects are introduced into, or for the first time moved within, the Union territory, must perform the documentary check on that introduction and shall be responsible for the sealing of goods pursuant to subparagraph 1(b).
Amendment 240 #
Proposal for a regulation Article 45 – paragraph 1 – subparagraph 1 c (new) Similarly, once the goods have been moved out of Union territory, the competent authority of the Member State from which the goods in transit leave Union territory shall inform the competent authorities of the Member State wherein they entered Union territory and the Member State(s) through which they have moved of this fact.
Amendment 241 #
Proposal for a regulation Article 45 – paragraph 1 – subparagraph 2 Amendment 242 #
Proposal for a regulation Article 46 – paragraph 7 – subparagraph 1 Amendment 243 #
Proposal for a regulation Article 46 – paragraph 7 – subparagraph 2 Amendment 245 #
Proposal for a regulation Article 47 a (new) Article 47 a By ...*, the Commission shall present a report to the European Parliament and the Council, including a cost-benefit analysis, on the enforcement and effectiveness of measures relating to imports into the Union territory, and if appropriate present a legislative proposal. * JO: please insert date 5 years after the date of entry into force of this Regulation.
Amendment 246 #
Proposal for a regulation Article 48 – paragraph 1 The Commission shall be empowered to adopt delegated acts, in accordance with Article 98, amending Annex III on elements to identify plants for planting which pose phytosanitary risks for the Union territory, as regards the characteristics and origin of those plants for planting, to adapt to the developments of technical and scientific knowledge
Amendment 247 #
Proposal for a regulation Article 48 – paragraph 1 The Commission shall be empowered to adopt delegated acts, in accordance with Article 98, amending Annex III on elements to identify plants for planting which pose phytosanitary risks for the Union territory, as regards the characteristics and origin of those plants for planting, to adapt to the developments of technical and scientific knowledge, and new or amended international standards for phytosanitary measures (ISPMs).
Amendment 248 #
Proposal for a regulation Article 48 a (new) Article 48 a Evaluation By *, the Commission shall present a report to the European Parliament and the Council on the enforcement and effectiveness of the measures relating to imports into the Union territory, accompanied if appropriate, by a legislative proposal. * Five years after the entry into force of this Regulation.
Amendment 249 #
Proposal for a regulation Article 59 – paragraph 2 a (new) 2a. The Commission shall be empowered to adopt a guidance document to harmonise rules of procedures across Member States and avoid undue delays for the release of plants, plant products and other objects from quarantine stations. In particular, clear indications should be given on when restrictions may be necessary, and which risk mitigation measures may be taken.
Amendment 250 #
Proposal for a regulation Article 59 – paragraph 2 a (new) 2a. The Commission shall adopt a guidance document to streamline rules of procedures across Member States and avoid undue delays for the release of plants, plant products and other objects from quarantine stations.
Amendment 251 #
Proposal for a regulation Article 61 – paragraph 1 – subparagraph 1 – point a (a) they are professional operators whose activities concern plants, plant products or other objects covered by an implementing act provided for in Articles 27(1), (2) or (3), 29(1), (2) or (3), 40(1), 41(1) or (2), 47(1), 49(1) or 50(1)
Amendment 252 #
Proposal for a regulation Article 61 – paragraph 1 – subparagraph 1 – point b Amendment 253 #
Proposal for a regulation Article 61 – paragraph 1 – subparagraph 2 – point c Amendment 254 #
Proposal for a regulation Article 61 – paragraph 1 – subparagraph 2 – point g Amendment 255 #
Proposal for a regulation Article 61 – paragraph 1 – subparagraph 2 – point h (h) sales through distance contracts if they result in an activity referred to in point (d) of this subparagraph .
Amendment 256 #
Proposal for a regulation Article 61 – paragraph 3 – subparagraph 1 – point a (a) it supplies exclusively small, as appropriate to the plants, plant products and other objects concerned, quantities of plants, plant products and other objects to final users
Amendment 257 #
Proposal for a regulation Article 61 – paragraph 3 – subparagraph 1 – point a (a) it supplies exclusively small, as appropriate to the plants other than plants for planting, plant products and other objects concerned, quantities of plants other than plants for planting, plant products and other objects to final users, by other means than sales through distance contracts;
Amendment 258 #
Proposal for a regulation Article 61 – paragraph 3 – subparagraph 1 – point a (a) it supplies exclusively small
Amendment 259 #
Proposal for a regulation Article 61 – paragraph 3 – subparagraph 1 – point b (b) it
Amendment 260 #
Proposal for a regulation Article 61 – paragraph 3 – subparagraph 2 – point c Amendment 261 #
Proposal for a regulation Article 62 – paragraph 2 – point e (e) the genera and species of the plants and plant products, and, where appropriate,
Amendment 262 #
Proposal for a regulation Article 62 – paragraph 5 – subparagraph 1 Where the competent authority becomes aware that the registered operator does not carry out any more the activities of Article 61(1), or that the registered operator has submitted an application no longer complying with the requirements of paragraph 2, it shall request that operator to comply with those requirements
Amendment 263 #
Proposal for a regulation Article 64 – paragraph 1 1. The Member State keeping the register shall, on request, make the information it contains available to the other Member States or the Commission if this is needed to fulfil the objectives of this Regulation.
Amendment 264 #
Proposal for a regulation Article 64 – paragraph 2 2. The Member State keeping the register shall make available, on reasonable request, the information referred to in Article 63, with the exception of points (d) and (e) of Article 62(2), to any professional operator.
Amendment 265 #
Proposal for a regulation Article 66 – paragraph 1 – subparagraph 1 Professional operators, with the exception of small operators, shall have in place traceability systems and procedures to allow identification of the movements of their plants, plant products and other objects within their own premises.
Amendment 266 #
Proposal for a regulation Article 66 – paragraph 1 – subparagraph 2 The first subparagraph shall not apply to the professional operators referred to in points (a) and (b) of Article 61(3).
Amendment 267 #
Proposal for a regulation Article 66 a (new) Article 66a Good plant protection practice 1. A professional operator which supplies or is supplied with plants, plant products or other objects that are subject to prohibitions, requirements or conditions pursuant to Articles 40(1), 41(1) and (2), 44(1) and (3), 45(1), 46(1) and (3), 47(1), 49(1) and (2), 50(1) and (2), 52, 53 or 54 shall follow good plant protection practice in order to prevent the occurrence and spread of pests. The good plant protection practice referred to in paragraph 1 shall consist, in particular, of: (a) identifying and monitoring critical points in the production process or in the movement of the plants, plant products and other objects which may affect their phytosanitary quality; (b) ensuring that the competent authorities have access to the facilities, as well as to surveillance data and all related documents; (c) taking measures, where necessary, to ensure that the phytosanitary quality of the plants, plant products and other objects is maintained;
Amendment 268 #
Proposal for a regulation Article 67 – paragraph 2 2. Where applicable, the phytosanitary certificate shall specify under the heading ‘Additional Declaration’, and in accordance with the implementing acts adopted pursuant to Articles 41(1) and (2) and 50(1) and (2), which specific requirement is fulfilled, where there is a choice between several options. This specification shall include the text of, or a reference to the relevant option provided in those acts.
Amendment 269 #
Proposal for a regulation Article 67 – paragraph 2 2. Where applicable, the phytosanitary certificate shall specify under the heading ‘Additional Declaration’, and in accordance with the implementing acts adopted pursuant to Articles 41(1) and (2) and 50(1) and (2), which specific requirement is fulfilled, where there is a choice between several options. This specification shall include a reference to the relevant option provided in those acts, or the text thereof.
Amendment 270 #
Proposal for a regulation Article 68 – paragraph 1 – subparagraph 2 – point d (d) plants, plant products and other objects listed pursuant to Article
Amendment 271 #
Proposal for a regulation Article 68 – paragraph 1 – subparagraph 3 Points (a) to (d) shall not apply, however, where the act adopted pursuant to Articles 27(1), 29(1) or 4
Amendment 272 #
Proposal for a regulation Article 68 – paragraph 1 – subparagraph 3 Points (a) to (d) shall not apply, however, where the act adopted pursuant to Articles 27(1), 29(1) or 4
Amendment 273 #
Proposal for a regulation Article 69 a (new) Article 69 a Protected zones and Pests which pose a threat in certain climatic regions Pests that pose a threat to plant health only to certain regions or climatic zones of the Union can be imported into designated protected zones. Only pests which pose a threat to plant health throughout the Union should be subject to Union wide restrictions.
Amendment 274 #
Proposal for a regulation Article 70 – paragraph 1 – subparagraph 1 – point c (c) they are not listed pursuant to paragraph 2.
Amendment 275 #
Proposal for a regulation Article 70 – paragraph 1 – subparagraph 2 Amendment 276 #
Proposal for a regulation Article 70 – paragraph 2 – subparagraph 1 The Commission shall, by means of implementing acts, list the plants, plant products and other objects referred to in paragraph 1 and the third countries concerned,
Amendment 277 #
Proposal for a regulation Article 70 – paragraph 2 – subparagraph 2 That listing
Amendment 278 #
Proposal for a regulation Article 73 a (new) Article 73 a The Commission shall, not later than ...*, submit a report to the European Parliament and the Council to present the experience gained from the extension of the plant passport system to all movement of plants, plant products and other objects within the Union territory including a clear costs benefits analysis for the operators, accompanied if appropriate, by a legislative proposal. (*) Five years after the entry into force of this Regulation.
Amendment 279 #
Proposal for a regulation Article 74 – paragraph 4 a (new) 4a. The Commission shall, not later than ...*, submit a report to the European Parliament and the Council to present the experience gained from the extension of the plant passport system to all movement of plants, plant products and other objects within the Union territory with a clear analysis of costs and benefits for the operators. (*) Five years after the entry into force of this Regulation.
Amendment 280 #
Proposal for a regulation Article 76 – paragraph 1 No plant passport shall be required for the movement of small, as appropriate to the plants, plant products and other objects concerned, quantities of plants, plant products or other objects to a final user, including home gardeners.
Amendment 281 #
Proposal for a regulation Article 76 – paragraph 2 Amendment 282 #
Proposal for a regulation Article 95 – paragraph 6 a (new) 6a. The Commission shall consult the Advisory Group on the food chain and animal and plant health established under the Commission Decision of 6 August 2004. This advisory group shall provide inputs during the preparation of implementing and delegated acts.
Amendment 283 #
Proposal for a regulation Article 96 – paragraph 3 3. The pre-export certificate shall be issued, on request of the professional operator, by the Member State, or authorised professional operator as defined in Article 84, in which the plants, plant products or other objects were grown, produced or processed, while those plants, plant products or other objects are on the premises of the professional operator concerned.
Amendment 284 #
Proposal for a regulation Article 96 – paragraph 3 3. The pre-export certificate shall be issued, on request of the professional operator, by the Member State in which the plants, plant products or other objects were grown, produced or processed, while those plants, plant products or other objects are on the premises of the professional operator concerned. The certificate may also be issued by authorised professional operators as described in Article 84.
Amendment 285 #
Proposal for a regulation Article 97 – paragraph 1 – subparagraph 1 The Commission shall establish an electronic system for the submission of notifications by the Member States and for informing professional operators if appropriate.
Amendment 286 #
Proposal for a regulation Article 98 – paragraph 2 2. The delegation of power referred to in Articles 1(2), 5(2), 6(2), 7(1) and (2), 8(6), 11(3), 20, 22(3), 25(4), 27, 30, 32(4), 34(1), 37(2), 38, 44(2), 45(3), 46(6), 48, 61(3), 67(4), 71(4), 76, 78(4), 82(4), 84(2), 86(3), 91(2), 92(1) and (3), 93(1), 94(4), 95(5) and 96(5) shall be conferred on the Commission for a
Amendment 287 #
Proposal for a regulation Article 98 – paragraph 2 2. The delegation of power referred to in Articles 1(2), 7(1) and (2), 8(6), 11(3), 20, 22(3), 25(4), 30, 32(4), 34(1), 38, 44(2), 45(3), 46(6), 48, 61(3), 67(4), 71(4), 76, 78(4), 82(4), 84(2), 86(3), 91(2), 92(1) and (3), 93(1), 94(4), 95(5) and 96(5) shall be conferred on the Commission for a
Amendment 288 #
Proposal for a regulation Article 98 – paragraph 3 3. The delegation of power referred to in Articles 1(2), 5(2), 6(2), 7(1) and (2), 8(6), 11(3), 20, 22(3), 25(4), 27, 30, 32(4), 34(1), 37(2), 38, 44(2), 45(3), 46(6), 48, 61(3), 67(4), 71(4), 76, 78(4), 82(4), 84(2), 86(3), 91(2), 92(1) and (3), 93(1), 94(4), 95(5) and 96(5) may be revoked at any time by the European Parliament or by the Council. A decision of
Amendment 289 #
Proposal for a regulation Article 98 – paragraph 5 5. A delegated act adopted pursuant to Articles 1(2), 5(2), 6(2), 7(1) and (2), 8(6), 11(3), 20, 22(3), 25(4), 27, 30, 32(4), 34(1), 37(2), 38, 44(2), 45(3), 46(6), 48, 61(3), 67(4), 71(4), 76, 78(4), 82(4), 84(2), 86(3), 91(2), 92(1) and (3), 93(1), 94(4), 95(5) and 96(5) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.
Amendment 290 #
Proposal for a regulation Article 98 – paragraph 5 a (new) 5a. Four years after the entry into force of this Regulation, the Commission shall present a report to the European Parliament and Council concerning the use of the power to adopt delegated acts provided for in paragraph 2.
Amendment 291 #
Proposal for a regulation Article 98 a (new) Article 98a Urgency procedure Delegated acts adopted under this Article shall enter into force without delay and shall apply as long as no objection is expressed in accordance with paragraph 2. The notification of a delegated act to the European Parliament and to the Council shall state the reasons for the use of the urgency procedure. Either the European Parliament or the Council may object to a delegated act in accordance with the procedure referred to in Article 98(5). In such a case, the Commission shall repeal the act without delay following the notification of the decision to object by the European Parliament or by the Council.
Amendment 292 #
Proposal for a regulation Article 100 – paragraph 1 The Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate to the extent of the financial loss and phytosanitary damage incurred throughout the Union’s territory, and dissuasive.
Amendment 293 #
Proposal for a regulation Article 102 – paragraph 1 – point 2 Regulation (EU) .…/2013 Article 17 – paragraph 1 – point c (c) prevention measures taken against the spread of a priority pest, listed pursuant to Article 6(2) of Regulation (EU) No […]/[…]*, against which Union measures have been adopted pursuant to Article 27(3) or Article 29(3) of that Regulation, where those measures are essential to protect the Union territory against further spread of that priority pest; all measures shall be in line with Annex III of Directive 2009/128/EC.
Amendment 294 #
Proposal for a regulation Annex 1 a (new) Amendment 295 #
Proposal for a regulation Annex 1 a (new) Amendment 296 #
Proposal for a regulation Annex 1 a (new) Amendment 297 #
Proposal for a regulation Annex 1 b (new) Amendment 298 #
Proposal for a regulation Annex 1 b (new) Amendment 299 #
Proposal for a regulation Annex 1 c (new) Amendment 300 #
Proposal for a regulation Annex 1 c (new) Amendment 301 #
Proposal for a regulation Annex 2 – section 1 – point 1 – paragraph 1 The taxonomic identity of the pest shall be clearly defined or, alternatively, the
Amendment 302 #
Proposal for a regulation Annex 2 – section 1 – point 3 – point c – paragraph 1 – point ii (ii) barriers to natural spread of the pest are insufficient and cannot be created rapidly enough;
Amendment 303 #
Proposal for a regulation Annex 2 – section 1 – point 3 – point c – paragraph 1 – point iii Amendment 304 #
Proposal for a regulation Annex 2 – section 1 – point 3 – point c – paragraph 1 – point iv Amendment 305 #
Proposal for a regulation Annex 2 – section 1 – point 3 – point c – paragraph 1 – point v (v) natural enemies and antagonists of the pest are not present or not sufficiently capable to suppress the pest or could not be established rapidly enough.
Amendment 306 #
Proposal for a regulation Annex 2 – section 1 – point 4 – paragraph 1 – introductory part The entry, establishment and spread of the pest in the territory in question, or, if present, the part of that territory where it is distributed to a limited extent, shall have unacceptable economic, social and/or environmental impacts for that territory, or the part of that territory where it is distributed to a limited extent, as regards
Amendment 307 #
Proposal for a regulation Annex 2 – section 1 – point 4 – paragraph 1 – introductory part The entry, establishment and spread of the pest in the territory in question, or, if present, the part of that territory where it is distributed to a limited extent, shall have unacceptable economic, social and
Amendment 308 #
Proposal for a regulation Annex 2 – section 1 – point 4 – paragraph 1 – point d Amendment 309 #
Proposal for a regulation Annex 2 – section 1 – point 4 – paragraph 1 – point n a (new) (na) effects on landscape heritage and tourist areas;
Amendment 310 #
Proposal for a regulation Annex 2 – section 2 – paragraph 1 – point a (a) Economic impacts: the pest has the potential to cause major losses in terms of the direct and indirect effects referred to in point (4) of Section
Amendment 311 #
Proposal for a regulation Annex 2 – section 2 – paragraph 1 – point a (a) Economic impacts: the pest has the potential to cause major losses in terms of the direct and indirect effects referred to in point (4) of Section I for crops with a total annual production value for the Union territory of at least EUR 10 billion.
Amendment 312 #
Proposal for a regulation Annex 2 – section 2 – paragraph 1 – point a (a) Economic impacts: the pest has the potential to cause major losses in terms of the direct and indirect effects referred to in point (4) of Section I for crops with a total annual production value for the Union territory of at least EUR
Amendment 313 #
Proposal for a regulation Annex 2 – section 2 – paragraph 1 – point a a (new) (aa) in case of pests affecting specialty crops, grown in the European territory on less than 200000 hectares, the potential loss in terms of total annual EU production value shall be at least EUR 200 million;
Amendment 314 #
Proposal for a regulation Annex 2 – section 2 – paragraph 1 – point b – point i (i) a
Amendment 315 #
Proposal for a regulation Annex 2 – section 2 – paragraph 1 – point b – point ii (ii) uncontrollable risks to food security or food safety;
Amendment 316 #
Proposal for a regulation Annex 2 – section 2 – paragraph 1 – point c – point i (i) adverse effects on species and habitats listed under the provisions of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora32 and Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds33 ; __________________ 32
Amendment 317 #
Proposal for a regulation Annex 2 – section 3 – subsection 1 – point 4 – paragraph 1 Based on the information available to the Member State, the pest has unacceptable economic, social and
Amendment 318 #
Proposal for a regulation Annex 2 – section 3 – subsection 2 – point 4 – paragraph 1 Based on the information available to the Union, the pest has unacceptable economic, social and
Amendment 319 #
Proposal for a regulation Annex 2 – section 4 – point 3 – paragraph 1 – introductory part Infestations of the plants for planting referred to in point (2) with the pest shall have an unacceptable economic impact on the intended use of those plants as regards
Amendment 320 #
Proposal for a regulation Annex 2 – section 4 – point 3 – paragraph 1 – introductory part Infestations of the plants for planting referred to in point (2) with the pest shall have an unacceptable economic and environmental impact on the intended use of those plants as regards one or more of the following points:
Amendment 321 #
Proposal for a regulation Annex 3 – paragraph 1 – introductory part Plants for planting from third countries shall be considered likely to pose phytosanitary risks for the Union territory, as referred to in Article 47(1), where those plants for planting fulfil at least
Amendment 322 #
Proposal for a regulation Annex 3 – paragraph 1 – point 1 – point e Amendment 323 #
Proposal for a regulation Annex 3 – paragraph 1 – point 1 – point f Amendment 324 #
Proposal for a regulation Annex 3 – paragraph 1 – point 1 – point g Amendment 325 #
Proposal for a regulation Annex 4 – section 1 – paragraph 1 – point 1 – point g (g) Destruction of plants, plant products and other objects, infested or
Amendment 326 #
Proposal for a regulation Annex 4 – section 1 – paragraph 1 – point 2 – point c (c) Surveillance, visual examination, sampling, laboratory testing of plants, plant products and other objects for the presence of quarantine pests, including through subjection to quarantine procedures and pre-shipment inspections in third countries.
Amendment 327 #
Proposal for a regulation Annex 4 – section 1 – paragraph 1 – point 2 – point d (d) Physical, chemical and biological treatment and, where appropriate, destruction of plants, plant products and other objects, infested or
Amendment 328 #
Proposal for a regulation Annex 4 – section 1 – paragraph 1 – point 3 – point d Amendment 329 #
Proposal for a regulation Annex 4 – section 1 – paragraph 1 – point 3 – point e Amendment 330 #
Proposal for a regulation Annex 4 – section 1 – paragraph 1 – point 3 – point f Amendment 331 #
Proposal for a regulation Annex 4 – section 2 – paragraph 1 – point 5 – paragraph 1 Measures taken to manage the risk of a pest shall be technically justified on the basis of conclusions reached by using an appropriate risk analysis or, where applicable, another comparable examination and an EFSA supervised evaluation of available scientific information. Those measures should reflect, and, where appropriate, be modified or removed to reflect new or updated risk analysis or relevant scientific information.
Amendment 35 #
Proposal for a regulation Citation 1 Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 43 and 191 thereof,
Amendment 36 #
Proposal for a regulation Recital 1 a (new) (1a) Regulation (EC) No 1107/2009 of the European Parliament and of the Council 12a , aims at a high level of human, animal and environmental protection and provides rules for the approval process for plant protection products. __________________ 12a Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (OJ L 309, 24.11.2009, p.1).
Amendment 37 #
Proposal for a regulation Recital 1 b (new) (1b) Directive 2009/128/EC of the European Parliament and of the Council 12b establishes a framework for Community action to achieve the sustainable use of pesticides. __________________ 12b Directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for Community action to achieve the sustainable use of pesticides (OJ L 309, 24.11.2009, p.71).
Amendment 38 #
Proposal for a regulation Recital 4 (4) Plant health is very important for plant production, public and private green, natural ecosystems, ecosystem services and biodiversity in the Union. Plant health is threatened by species injurious to plants and plant products, hereinafter 'pests'
Amendment 39 #
Proposal for a regulation Recital 4 a (new) (4a) It is widely accepted that crop rotation is a highly effective measure to prevent establishment of pests in the soil and vegetation.
Amendment 40 #
Proposal for a regulation Recital 4 b (new) (4b) It is widely accepted that monocultures and continuous cropping are susceptible to pests. Therefore diversification of crops and indeed rotation of crops on the same parcel from year to year decreases susceptibility to pest establishment and population increase.
Amendment 41 #
Proposal for a regulation Recital 9 (9) In order to allow efforts for the control of Union quarantine pests to concentrate on pests whose economic, environmental or social impact is most severe for the Union territory as a whole, a restricted list of such pests, hereinafter 'priority pests', including palm pests such as the red palm weevil (Rhynchophorus ferrugineus) should be established.
Amendment 42 #
Proposal for a regulation Recital 11 (11) In order to ensure effective and timely action in case of the presence of a Union quarantine pest, notification obligations should apply to the public, professional operators and to the Member States.
Amendment 43 #
Proposal for a regulation Recital 13 (13) A professional operator becoming aware of the presence of a Union quarantine pest in a plant, plant product or other object which is or was under its control should be under an obligation to take all measures in line with Directive 2009/128/EC that may be appropriate as regards the elimination of the pest, the withdrawal or recall of the plants, plant products or other objects concerned and the information of the competent authority, other persons in the trade chain and the public.
Amendment 44 #
Proposal for a regulation Recital 14 (14) Member States should take all necessary measures
Amendment 45 #
Proposal for a regulation Recital 14 a (new) Amendment 46 #
Proposal for a regulation Recital 15 (15) In certain cases, Member States should impose measures for the eradication of quarantine pests on plants in private premises, because eradication of pests can only be successful if all sources of infestation are removed. For this purpose, the competent authorities of Member States should have
Amendment 47 #
Proposal for a regulation Recital 16 (16)
Amendment 48 #
Proposal for a regulation Recital 16 a (new) (16a) Preventative agronomic measures and integrated pest management in line with Directive 2009/128/EC should not include systematic prophylaxis with pesticides, that is, applying biocides before the pest is even detected.
Amendment 49 #
Proposal for a regulation Recital 17 (17) The Commission should be empowered to adopt measures in case of the
Amendment 50 #
Proposal for a regulation Recital 18 (18) In order to ensure swift and effective action against pests which are no Union quarantine pests but which Member States consider may fulfil the conditions for inclusion in the list of Union quarantine pests, provision should be made for measures to be taken by Member States in case they become aware of the presence of such a pest.
Amendment 51 #
Proposal for a regulation Recital 19 (19) Under certain conditions Member States should be allowed to adopt more stringent eradication measures than required by Union legislation as long as environmental and public health laws are respected, no unauthorised biocides are used, and those measures are implemented sustainably following a hierarchy of measures as defined in Directive 2009/128/EC.
Amendment 52 #
Proposal for a regulation Recital 24 (24) Certain plants, plant products and other objects pose an unacceptable phytosanitary risk by their likelihood to host a Union quarantine pest. For some of those, acceptable risk mitigation measures are available, while not for others. Depending on the availability of acceptable risk mitigation measures, their introduction into, and movement within, the Union territory should be either prohibited or subject to special requirements. A zonal or regional approach should be the first approach, with general Union restrictions only considered if a pest poses a threat to plant health throughout the Union. Those plants, plant products and other objects should be listed.
Amendment 53 #
Proposal for a regulation Recital 26 (26) Those prohibitions or requirements should neither apply to small quantities of plants, plant products and other objects,
Amendment 54 #
Proposal for a regulation Recital 33 a (new) (33a) Distance sales of plants may pose a high phytosanitary risk when commodities are infested with non-native pests including quarantine pests. In particular, consignments of plants imported from third countries and purchased through distance sales are in many cases non- compliant with the phytosanitary import requirements of the Union. In order to tackle these shortcomings, raising awareness of consumers and plant traders and ensuring the traceability of distance sales established both within the Union and in third countries are essential.
Amendment 55 #
Proposal for a regulation Recital 34 (34) In order to ensure effective implementation of this Regulation, professional operators subject to obligations under this Regulation should be registered in registers set up by the Member States.
Amendment 56 #
Proposal for a regulation Recital 35 (35) Professional operators operating at more than one premise should be given the possibility to register separately for each of those premises but should not be required to do so.
Amendment 57 #
Proposal for a regulation Recital 37 Amendment 58 #
Proposal for a regulation Recital 41 (41) Plant passports should not be required for plants, plant products and other objects intended for final users, including home gardeners.
Amendment 59 #
Proposal for a regulation Recital 45 Amendment 60 #
Proposal for a regulation Recital 75 a (new) (75a) The Common Agricultural Policy (CAP) includes provisions linking Union funding/support for farmers to their compliance with specific standards concerning the environment, public health, animal and plant health and animal welfare.
Amendment 61 #
Proposal for a regulation Recital 76 (76)
Amendment 62 #
Proposal for a regulation Recital 77 Amendment 63 #
Proposal for a regulation Recital 78 a (new) (78a) In accordance with the principle of smart regulation, this Regulation shall be coordinated with Regulation ..../2014* in order to guarantee that plant health legislation applies fully and its entirety. ______________ *OJ: Insert series number, date and publication references of the Regulation appearing in document … (Regulation on the prevention and management of the introduction and spread of invasive alien species).
Amendment 64 #
Proposal for a regulation Recital 79 Amendment 65 #
Proposal for a regulation Article 1 – paragraph 1 1. This Regulation lays down rules to determine the phytosanitary risks posed by any species, strain or biotype of pathogenic agents, animals or parasitic or invasive plants injurious to plants or plant products (hereinafter “pests”) and measures to reduce those risks to an acceptable level.
Amendment 66 #
Proposal for a regulation Article 1 – paragraph 1 1. This Regulation lays down rules
Amendment 67 #
Proposal for a regulation Article 1 – paragraph 1 1. This Regulation lays down rules to determine the phytosanitary risks posed by any species, strain or biotype of pathogenic agents, animals or
Amendment 68 #
Proposal for a regulation Article 1 – paragraph 1 1. This Regulation lays down rules to determine the phytosanitary risks posed by any species, strain or biotype of pathogenic agents, animals or parasitic plants injurious to plants or plant products (hereinafter
Amendment 69 #
Proposal for a regulation Article 1 – paragraph 2 – subparagraph 1 For the purposes of this Regulation references to third countries shall be read as references to third countries and to the outer
Amendment 70 #
Proposal for a regulation Article 1 – paragraph 1 a (new) (1a) The provisions of this Regulation are based on the precautionary principle.
Amendment 71 #
Proposal for a regulation Article 1 – paragraph 2 – subparagraph 2 For the purposes of this Regulation, references to the Union territory shall be read as references to the Union territory without the outer
Amendment 72 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 (3) 'plants for planting'
Amendment 73 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 – point a Amendment 74 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 – point a Amendment 75 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 – point b Amendment 76 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 – point b Amendment 77 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 – point c Amendment 78 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 – point c (c) production if the concerned plants, plant products or other objects are intended to be moved more than 300 km or crossing a protected zone boundary ;
Amendment 79 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 – point d (d) introduction into
Amendment 80 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 – point d (d) introduction into, and movement within, and out of the Union territory where activities could give rise to a phytosanitary risk;
Amendment 81 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 – point d a (new) (da) movement within the Union territory if the movement is for more than 300 km from source to final destination or is crossing a protected zone boundary;
Amendment 82 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 – point e (e) making available on the market; this provision does not apply to retailers;
Amendment 84 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 – point eb eb) multiplication
Amendment 85 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 – point ec ec) maintaining
Amendment 86 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 – point ed ed) providing services
Amendment 87 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 – point ee ee) preserving, including storing
Amendment 88 #
Proposal for a regulation Article 2 – paragraph 1 – point 10 a (new) (10a) 'Non-chemical methods' means alternative methods to chemical pesticides for plant protection and pest management, based on agronomic techniques such as those referred to in point 1 of Annex III of Directive EU/128/2009, or physical, mechanical or biological pest control methods;
Amendment 89 #
Proposal for a regulation Article 2 – paragraph 1 – point 10 b (new) (10b) 'movement' means an activity which embraces the transfer of plants, plant products or other objects from one professional operator to another professional operator along an itinerary;
Amendment 90 #
Proposal for a regulation Article 2 – paragraph 1 – point 10 a (new) (10a) 'Operator' means operator as defined in Article 2(26) of Regulation (EU) No XXX/XXXX [Office of Publications, please insert number of Regulation concerning official inspections];
Amendment 91 #
Proposal for a regulation Article 2 – paragraph 1 – point 10 c (new) (10c) 'Integrated pest management' means careful consideration of all available plant protection methods and subsequent integration of appropriate measures that discourage the development of populations of harmful organisms and keep the use of pesticides and other forms of intervention to levels that are economically and ecologically justified and reduce or minimise risks to human health and the environment; it emphasises the growth of a healthy crop with the least possible disruption to agro-ecosystems and encourages natural pest control mechanisms.
Amendment 92 #
Proposal for a regulation Article 2 – paragraph 1 – point 10 b (new) (10b) "Phytosanitary inspection" means official inspection of: (a) plants or goods; (b) operations falling within the scope of the rules referred to in Article 1(1), as well as equipment and means of transport used for these purposes; (c) locations or areas in which such operations are carried out;
Amendment 93 #
Proposal for a regulation Article 2 – paragraph 1 – point 10 d (new) (10d) 'Preventative actions' means the use of robust agronomic systems and use of alternatives to pesticides when possible. In line with Regulation (EC) No 1107/2009 and Directive 2009/128/EC and the principles of integrated pest management, a hierarchy of measures should be followed, first making use of non- chemical methods and using pesticides as a last resort, in order to ensure the solutions which have the lowest health and environmental impact are utilised; therefore this does not include systematic or routine prophylaxis with pesticides, that is, applying biocides before the pest is even detected.
Amendment 94 #
Proposal for a regulation Article 2 – paragraph 1 – point 10 c (new) (10c) 'phytosanitary measure' means all measures intended to eliminate risks or prevent the entry of pests from other Member States or third countries.
Amendment 95 #
Proposal for a regulation Article 2 – paragraph 1 – point 10 d (new) (10d) Quarantine units means areas designated by the competent authorities, in which plants from third countries shall be stored for a sufficient period of time until it is considered that the risk of introducing pests from third countries has been eliminated.
Amendment 96 #
Proposal for a regulation Article 3 – paragraph 1 – point c (c) it is capable of autonomously entering into that territory, of perpetuating its presence in
Amendment 97 #
Proposal for a regulation Article 5 – paragraph 2 – subparagraph 1 Amendment 98 #
Proposal for a regulation Article 5 – paragraph 2 – subparagraph 1 Amendment 99 #
Proposal for a regulation Article 5 – paragraph 2 – subparagraph 2 That list shall be include
source: PE-524.686
2014/01/21
ENVI
1 amendments...
Amendment 1 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 4 (77) For small and medium enterprises, this Regulation
source: PE-527.945
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