Wednesday 6 April 2011

Imports from Greenland of fishery products, live bivalve molluscs, echinoderms, tunicates and marine gastropods ***I

P7_TA(2011)0135

European Parliament legislative resolution of 6 April 2011 on the proposal for a Council decision laying down rules for imports into the European Union from Greenland of fishery products, live bivalve molluscs, echinoderms, tunicates, marine gastropods and by-products thereof (COM(2010)0176 – C7-0136/2010 – 2010/0097(COD))

2012/C 296 E/34

(Ordinary legislative procedure - first reading)

The European Parliament,

having regard to Article 203 of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7-0136/2010),

having regard to Article 294(3) and Article 43(2) and Article 204 of the Treaty on the Functioning of the European Union,

having regard to the Sole Article of Protocol (No 34) on Special Arrangements with Greenland, GENERALed to the Treaty on the Functioning of the European Union,

having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,

having regard to the reasoned opinion submitted, within the framework of Protocol (No 2) on the application of the principles of subsidiarity and proportionality, by the Italian Senate, asserting that the draft legislative act does not comply with the principle of subsidiarity,

having regard to Rule 55 and 37 of its Rules of Procedure,

having regard to the report of the Committee on Fisheries (A7-0057/2011),

Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Wednesday 6 April 2011

P7_TC1-COD(2010)0097

Position of the European Parliament adopted at first reading on 6 April 2011 with a view to the adoption of Regulation (EU) No …/2011 of the European Parliament and of the Council laying down rules for imports into the European Union from Greenland of fishery products, live bivalve molluscs, echinoderms, tunicates, marine gastropods and by-products thereof [Am. 1]

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2) and Article 204 thereof, [Am. 2]

Having regard to the Sole Article of Protocol (No 34) on Special Arrangements with Greenland, annexed to the Treaty on the Functioning of the European Union, [Am. 3]

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee (1),

Acting in accordance with the ordinary legislative procedure (2) , [Am. 2]

Whereas

(1) Greenland is included in the list of overseas countries and territories set out in Annex II to the Treaty on the Functioning of the European Union (TFEU). In accordance with Article 198 of the TFEU, the purpose of association is to promote the economic and social development of the overseas countries and territories and to establish close economic relations between them and the Union as a whole.

(2) Denmark and Greenland have requested that trade between the Union and Greenland in fishery products, bivalve molluscs, echinoderms, tunicates, marine gastropods and by-products derived from those sources that are originating in Greenland according to the provisions of Annex III to Council Decision 2001/822/EC of 27 November 2001 on the association of the overseas countries and territories with the European Community (3) be permitted in accordance with the rules on trade within the Union.

(3) It is appropriate that such trade be conducted in compliance with Union rules on animal health and food safety laid down in the legal acts of the Union, as well as the rules on the common organisation of the market in fishery products.

(4) Accordingly, Denmark and Greenland should undertake that consignments of products dispatched to the European Union from Greenland comply with the applicable Union rules concerning animal health, food safety and the common organisation of the market in fishery products. Eligible feed and food business operators should be registered and listed in accordance with Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (4).

(5) The competent authority in Greenland has provided official assurances to the Commission in respect of the enforcement of compliance with the Union rules and animal health requirements for the products concerned. Those assurances cover, in particular, the application of the provisions laid down in Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption (5), Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (6) and Council Directive 2006/88/EC of 24 October 2006 on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals (7), and include a commitment to on-going compliance with the rules on trade within the Union.

(6) Council Directive 96/23/EC of 29 April 1996 on measures to monitor certain substances and residues thereof in live animals and animal products (8) requires the establishment of national monitoring plans for aquaculture animals. Accordingly, those provisions should also apply to Greenland.

(7) In order to permit the importation into the European Union from Greenland of products in accordance with the rules laid down in Union legal acts on trade within the Union, Denmark and Greenland should undertake to transpose and implement the relevant provisions in Greenland, before the date of adoption of this Regulation [Am. 1]. Denmark and Greenland should undertake to ensure that imports from third countries of the products concerned into Greenland comply with Union rules on animal health and food safety. Veterinary checks at border inspection posts in Greenland should be carried out in accordance with Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries (9). Veterinary checks at border inspection posts are carried out in close cooperation with customs officials. In order to simplify this task, it is appropriate to provide the competent authorities with the relevant references to the Combined Nomenclature (CN) set out in Annex I to Commission Decision 2007/275/EC of 17 April 2007 concerning lists of animals and products to be subject to controls at border inspection posts under Council Directives 91/496/EEC and 97/78/EC (10).

(8) Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra- Community trade in certain live animals and products with a view to the completion of the internal market (11) provides for the introduction of a computerized system which links veterinary authorities with a view, in particular, to facilitating the rapid exchange of information relating to animal health and welfare between the competent authorities (Traces). Commission Decision 2004/292/EC of 30 March 2004 on the introduction of the Traces system (12) provides that the Member States are to use Traces from 1 April 2004. Traces is essential for the effective monitoring of trade in animals and products of animal origin and accordingly it should be used for the transmission of data on movements and trade in the products in Greenland.

(9) Outbreaks of animal diseases listed in Council Directive 82/894/EEC of 21 December 1982 on the notification of animal diseases within the Community (13), are to be reported to the Commission via the Animal Disease Notification System (ADNS) in accordance with Commission Decision 2005/176/EC of 1 March 2005 laying down the codified form and the codes for the notification of animal diseases pursuant to Council Directive 82/894/EEC (14). For the products concerned, those provisions should also apply to Greenland.

(10) Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (15) establishes a rapid alert system for the notification of a direct or indirect risk to human health deriving from food or feed (RASFF). For the products concerned, these provisions should also apply to Greenland.

(11) Before Greenland can carry out veterinary checks on products that are introduced into Greenland from third countries, an EU inspection should be carried out in Greenland to verify that border inspection posts in Greenland comply with the requirements laid down in Directive 97/78/EC, Commission Regulation (EC) No 136/2004 of 22 January 2004 laying down procedures for veterinary checks at Community border inspection posts on products imported from third countries (16) and Commission Decision 2001/812/EC of 21 November 2001 laying down the requirements for the approval of border inspection posts responsible for veterinary checks on products introduced into the Community from third countries (17).

(12) Following the positive outcome of the said inspection, border inspection posts in Greenland should be listed in Commission Decision 2009/821/EC of 28 September 2009 drawing up a list of approved border inspection posts, laying down certain rules on the inspections carried out by Commission veterinary experts and laying down the veterinary units in Traces (18). In order to ensure effective control of the fishery products introduced in Greenland and in the European Union, it is appropriate for this Regulation [Am. 1] to apply as from the moment that border inspection posts in Greenland are listed in Decision 2009/821/EC.

(13) The measures necessary for the implementation of this Regulation [Am. 1] should be adopted in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (19),

HAVE ADOPTED THIS REGULATION [Am. 1]:

Article 1

Subject matter and scope

This Regulation [Am. 1] applies to fishery products, bivalve molluscs, echinoderms, tunicates and marine gastropods and to by-products derived from those sources (‘the products’), originating from Greenland or introduced into Greenland and then introduced into the European Union.

Article 2

Definitions

For the purposes of this Regulation [Am. 1], the following definitions shall apply:

(a) ‘bivalve molluscs’ means molluscs as defined in point 2.1 of Annex I to Regulation (EC) No 853/2004;

(b) ‘fishery products’ means products as defined in point 3.1 of Annex I to Regulation (EC) No 853/2004;

(c) ‘by-products’ means animal by-products as defined in Article 2(1)(a) of Regulation (EC) No 1774/2002, derived from fishery products, bivalve molluscs, echinoderms, tunicates or marine gastropods;

(d) ‘products originating from Greenland’ means products as defined in accordance with the provisions of Annex III to Decision 2001/822/EC.

Article 3

General rules concerning trade between the European Union and Greenland in fishery products, live bivalve molluscs, echinoderms, tunicates, marine gastropods and by-products thereof

1. Member States shall authorise imports into the European Union of the products coming from Greenland, in accordance with Union legal acts on trade within the Union.

2. The importation of the products into the Union shall be subject to the following conditions:

(a) the effective transposition and implementation in Greenland of the applicable rules laid down in the legal acts of the Union concerning animal health, food safety and the common organisation of the market in fishery products, relating to the products;

(b) the drawing up and keeping up to date in accordance with Article 31 of Regulation (EC) No 882/2004 by the competent authority in Denmark and Greenland of a list of feed and food business operators which have been registered,;

(c) the compliance of consignments of products dispatched to the European Union from Greenland with the applicable rules laid down in the legal acts of the Union concerning animal health, food safety and the common organisation of the market in fishery products;

(d) the correct application of the rules laid down in the legal acts of the Union concerning animal health and food safety and the common organisation of the market in fishery products to introduction of the products into Greenland.

Article 4

Monitoring plans for aquaculture animals

Denmark and Greenland shall submit for approval by the Commission monitoring plans for the detection of the presence of residues and substances in aquaculture animals in Greenland, in accordance with Directive 96/23/EC.

Article 5

Checks on products imported into Greenland from third countries

1. Veterinary checks shall be carried out on consignments of the products introduced into Greenland from third countries in accordance with the rules laid down in Directive 97/78/EC.

To facilitate those veterinary checks, the Commission will provide to the competent authorities of Denmark and Greenland with references to the CN codes listed in Annex I to Commission Decision 2007/275/EC in respect of the products.

2. Proposals for border inspection posts in Greenland shall be submitted to the Commission for approval in accordance with Article 6(2) of Directive 97/78/EC.

The list of border inspection posts approved for Greenland shall be included in the list of border inspection posts in the Member States, approved in accordance with Directives 91/496/EEC and 97/78/EC.

Article 6

Information system

1. Data on movements and trade of the products concerned in Greenland shall be transmitted in the Danish language via Traces in accordance with Decision 2004/292/EC.

2. The notification of aquatic diseases concerning the products in Greenland shall be transmitted via ADNS, in accordance with Directive 82/894/EEC and Decision 2005/176/EC.

3. The notification of direct or indirect risks to human health deriving from the products in Greenland shall be transmitted via RASFF established by Regulation (EC) No 178/2002.

Article 7

Identification mark

Consignments of the products dispatched to the European Union from Greenland shall be marked with the identification mark for Greenland, ‘GL’, in accordance with the rules set out in Section I(B) of Annex II to Regulation (EC) No 853/2004.

Article 8

Confirmation of compliance with the conditions laid down in this Regulation [Am. 1]

Denmark and Greenland shall provide, before the date of application of this Regulation [Am. 1] referred to in Article 11, written confirmation that the necessary measures for the application of this Regulation [Am. 1] have been taken.

Article 9

Implementing measures

The measures necessary for the implementation of this Regulation [Am. 1] shall be adopted in accordance with the procedure referred to in Article 10.

Article 10

Committee procedure

1. The Commission shall be assisted by the Standing Committee on the Food Chain and Animal Health established by Article 58 of Regulation (EC) No 178/2002.

2. Where reference is made to this paragraph, Article 5 of Regulation (EU) 182/2011 shall apply.

Article 11

Entry into force and applicability

This Regulation [Am. 1] shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States [Am. 1].

It shall apply from the date of listing in Decision 2009/821/EC of the first border inspection post in Greenland.

Done at For the European Parliament The President For the Council The President

(1) OJ …

(2) Position of the European Parliament of 6 April 2011.

(3) OJ L 314, 30.11.2001, p. 1.

(4) OJ L 165, 30.4.2004, p. 1.

(5) OJ L 273, 10.10.2002, p. 1.

(6) OJ L 139, 30.4.2004, p. 55.

(7) OJ L 328, 24.11.2006, p. 14.

(8) OJ L 125, 23.5.1996, p. 10.

(9) OJ L 24, 30.1.1998, p. 9.

(10) OJ L 116, 4.5.2007, p. 9.

(11) OJ L 224, 18.8.1990, p. 29.

(12) OJ L 94, 31.3.2004, p. 63.

(13) OJ L 378, 31.12.1982, p. 58.

(14) OJ L 59, 5.3.2005, p. 40.

(15) OJ L 31, 1.2.2002, p. 1.

(16) OJ L 21, 28.1.2004, p. 11.

(17) OJ L 306, 23.11.2001, p. 28.

(18) OJ L 296, 12.11.2009, p. 1.

(19) OJ L 55, 28.2.2011, p. 13.