The Commission supported the common position
adopted by the Council with qualified majority. It reflects the
original goals of the Commission's proposal and takes into account
many concerns of the European Parliament. Although on certain
elements, the common position differs from the Commission's
original proposal, the Commission considers that it represents a
carefully balanced compromise and is satisfied that it covers all
issues considered essential by the Commission when adopting its
proposal
The Commission indicated that it could accept in full,
in part, in principle or subject to rewriting 50 of the 136
amendments, contained in the position at first reading adopted
by the Parliament on 15 April 2014.
The amendments of the European Parliament accepted by
the Commission and incorporated in the position of the
Council provide that:
- each Member States shall communicate their contingency
plans to the Commission and to the other Member States on request,
‘and shall inform all relevant operators’;
- involvement of stakeholders in simulation exercises,
those exercises shall take place with regards to all priority pests
concerned within a reasonable period of time ‘and with the
involvement of the stakeholders concerned’.
The amendments of the European Parliament rejected by
the Commission and incorporated in the position of the
Council concern:
- the abolition of 10% threshold for priority pests: the
Council accepted the amendment and the 10% threshold has been
removed from the Regulation. The Commission can accept that
position because it will still be possible to respect the spirit of
prioritisation without establishing a specific limit through
legislation;
- the obligation for the Commission to report to the
European Parliament and the Council 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;
- an obligation for the Commission to 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.
The amendments of the European Parliament rejected by
the Commission and not incorporated in the position of the
Council concern:
- inclusion of invasive alien species in the definition
of pest: although the Council rejected a widening of the scope, it
did agreed to include in the scope of ‘pests’, and under
certain conditions, the non-parasitic plants;
- listing of pests in the Annex of the Regulation
instead of under an Implementing Act;
- the possibility for competent authorities to have the
right to apply on their own decision, containment, instead of
eradication, of Union quarantine pests, where they consider that
eradication is not possible;
- co-ordination of compensation of professional
operators for the value of plants, plant products or other objects
destroyed as part of the eradication measures and implemented in a
cross-border area;
- more stringent requirements, including the use of an
officially-approved phytosanitary seal and close supervision of
that movement;
- obligation for the Commission to consult the Advisory
Group on the food chain and animal and plant health established
under the Commission Decision 2004/613/EC and that the Group should
provide inputs during the preparation of implementing and delegated
acts.
New provisions introduced by the
Council: the Council introduced many
amendments in almost all Articles of the proposal. Most of those
amendments constitute a further development of the provisions of
the proposal and do not introduce a new or fundamentally amended
approach.
The Commission accepted the following provisions which
enlarge the scope or strengthen requirements of the
proposal:
- inclusion of non-parasitic plants in the definition of
pests;
- inclusion of a provision in which 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;
- inclusion of a provision providing that if a
preliminary assessment reveals that a plant, plant product or other
object originating in a third country and which is not subject to
other requirements presents a pest risk of an unacceptable level
for the Union territory, it shall be referred to as ‘high risk
plant’, ‘high risk plant product’ or ‘high risk
other object’ and its introduction into the Union shall be
prohibited;
- inclusion of rules on wood packaging material and more
specifically rules on the introduction into, movement within and
movement out of the Union of wood packaging material;
- addition of a set of provisions for confinement
facilities, as several Member States may not be in position to
establish and manage quarantine stations;
- expanded the scope of the phytosanitary certificate to
offer a better overview of the imported plants.