106 Amendments of Sergio GUTIÉRREZ PRIETO related to 2013/0137(COD)
Amendment 172 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) intended solely for, and maintained by, not-for-profit gene banks, organisations and networks of conservation of genetic resources, or persons belonging to those organisations or networks;
Amendment 186 #
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) exchanged in kind in small quantities between persons other than professional operators.
Amendment 210 #
Proposal for a regulation
Article 3 – point 1
Article 3 – point 1
(1) ‘plants’ means plants as defined in Article 2(1) of Regulation (EU) No …/… (Office of Publications, please insert number of Regulation on protective measures against pests of plants) on protective measures against pests of plantsa complete botanical individual;
Amendment 214 #
Proposal for a regulation
Article 3 – point 2
Article 3 – point 2
(2) ‘plant reproductive materials’ means plant(s) capable of, and intended for, producing entireseeds, parts of plants, and any plant material intended for the propagation and production of plants;
Amendment 218 #
Proposal for a regulation
Article 3 – point 3
Article 3 – point 3
(3) ‘mother plant’ means an identified plant from which plant reproductive material is taken for reproduction of new plants;Does not affect the English version.)
Amendment 244 #
Proposal for a regulation
Article 3 – point 6 – point a
Article 3 – point 6 – point a
(a) producing, excluding assisting farmer- breeders;
Amendment 275 #
Proposal for a regulation
Article 5
Article 5
Professional operators shall be registered in the registers referred to in Article 61 of Regulation (EC) No …/… (Office of Publication, please insert number of Regulation on protective measures against pests of plants) in accordance with the provisions of Article 62 of that Regulation. Retailers shall be exempt from the obligation laid down in this Article.
Amendment 281 #
Proposal for a regulation
Article 6
Article 6
Professional operators shall ensurguarantee that plant reproductive material produced and made available on the market under their control fulfils the requirements of this Regulation.
Amendment 342 #
Proposal for a regulation
Article 10 – point 9
Article 10 – point 9
(9) ‘standard material’ means plant reproductive material other than pre-basic, basic or certified materialwhich is sufficiently identifiable as belonging to a variety and correspondingly pure, meets the requirements of this Regulation, and is subject to an official ex post sample check;
Amendment 345 #
Proposal for a regulation
Article 10 – point 9 a (new)
Article 10 – point 9 a (new)
(9a) ‘commercial material’ means plant reproductive material which is identifiable solely as belonging to a species and meets the requirements of this Regulation;
Amendment 347 #
Proposal for a regulation
Article 10 – point 10
Article 10 – point 10
(10) ‘category’ means pre-basic material, basic material, certified material or standard materialeach of the classes for plant materials laid down in this Regulation.
Amendment 368 #
Proposal for a regulation
Article 11 – paragraph 1 – point d
Article 11 – paragraph 1 – point d
Amendment 387 #
Proposal for a regulation
Article 12 – paragraph 2 – point a
Article 12 – paragraph 2 – point a
(a) to the purpose of ensuring food and feed securitysecurity in terms of the health status of the plant material and the risk of spreading diseases; and
Amendment 430 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. By way of derogation to paragraph 1 of this Article, rootstocks may be produced and made available on the market without belonging to a variety registered in a national variety register or in the Union variety register reference to the species or hybrid concerned where they do not conform to any variety.
Amendment 462 #
Proposal for a regulation
Article 15
Article 15
Amendment 499 #
Proposal for a regulation
Article 19 – paragraph 5 a (new)
Article 19 – paragraph 5 a (new)
5a. Standard materials shall be subjected to subsequent random, risk-based official checks.
Amendment 507 #
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. The official label and the operator’s label shall be written in one of the official Union languages. They shall be legible, indelible, printed on one side, not previously been used and easily visible. The order in which the entries are printed shall always be the same, in accordance with requirements determined by the Commission.
Amendment 509 #
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. The official label shall have a distinct colour per category of plant reproductive material. The colours shall be those laid down in Part C of Annex III.
Amendment 513 #
Proposal for a regulation
Article 21 – paragraph 5 – point g a (new)
Article 21 – paragraph 5 – point g a (new)
(ga) the order in which the information is printed on the label and its possible codification.
Amendment 521 #
Proposal for a regulation
Article 23 – paragraph 1 – introductory part
Article 23 – paragraph 1 – introductory part
Amendment 529 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. For the purposes of the official supervision referred to in point (a) of Article 22, competent authorities shall, at least once per year, conduct audits to ensure that the professional operator fulfils the requirements referred to in Article 23. The frequency of the audits shall be determined by the likelihood of the aforementioned requirements not being fulfilled.
Amendment 540 #
Proposal for a regulation
Article 27
Article 27
Professional operators shall inform the competent authorities in due time about their intention to produce pre-basic, basic and certified material plant reproductive material, and to carry out the certification referred to in Article 19(1). That notification shall state the plant species, origin of the material, location of the production plots, varieties and categories concerned.
Amendment 581 #
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. By way of derogation from Article 14(1), competent authorities may authorise professional operators, for a specified period of time, to make availablesuch as a maximum onf the market for tests and trials, on fwo years for agricultural and horticultural species and five yearms for other production premises,woody species, to make available on the market maximum quantities of plant reproductive material belonging to a variety not registered in a national variety register pursuant to Article 79 or the Union variety register pursuant to Article 94(1).
Amendment 687 #
Proposal for a regulation
Article 45 – paragraph 2 – point a
Article 45 – paragraph 2 – point a
(a) in the case of pre-basic, basic or certified material, on an official document or on an additional official label, in accordance with the requirements of Annex 1 of this Regulation;
Amendment 698 #
Proposal for a regulation
Article 48 – paragraph 1 – point c
Article 48 – paragraph 1 – point c
(c) in the case of seeds, it shall have satisfactory germination and specific purity, as appropriate for the genera and related species concerned included in Annex I, to allow an appropriate number of plants per area after sowing, and to ensure the maximum yield and quality of the production;
Amendment 722 #
Proposal for a regulation
Article 51 – paragraph 1
Article 51 – paragraph 1
1. Each Member State shall establish, publish and update a single national register of varieties and clones (hereinafter 'national variety register').
Amendment 725 #
Proposal for a regulation
Article 52 – paragraph 1 – subparagraph 1
Article 52 – paragraph 1 – subparagraph 1
1. The Agency shall establish, publish and update a single register of varieties and clones (hereinafter "Union variety register").
Amendment 727 #
Proposal for a regulation
Article 52 – paragraph 1 – subparagraph 2 – point a
Article 52 – paragraph 1 – subparagraph 2 – point a
(a) varieties and clones directly registered in the Union variety register in accordance with Chapter V; and
Amendment 729 #
Proposal for a regulation
Article 52 – paragraph 1 – subparagraph 2 – point b
Article 52 – paragraph 1 – subparagraph 2 – point b
(b) varieties and clones registered in national variety registers in accordance with Chapter IV, as notified by the Member States to the Agency in accordance with Chapter VI.
Amendment 752 #
Proposal for a regulation
Article 54
Article 54
Amendment 813 #
Proposal for a regulation
Article 57 – paragraph 1 a (new)
Article 57 – paragraph 1 a (new)
1a. It shall be mandatory to deliver a sample of the variety for the purpose of official checks and complaints.
Amendment 866 #
Proposal for a regulation
Article 63
Article 63
If a variety has been granted a plant variety right pursuant to Article 62 of Regulation (EC) No 2100/1994, or pursuant to the legislation of a Member State, that variety shall be deemed to be distinct, uniform and stable, for the purpose of the official description as referred to in point (a) of Article 56(2) and (3) and to have a suitable denomination for the purposes of point (a) of Article 56(1).
Amendment 893 #
Proposal for a regulation
Article 65
Article 65
Amendment 953 #
Proposal for a regulation
Article 73 – paragraph 1
Article 73 – paragraph 1
1. The applicant may carry out the technical examination referred to in Article 71(1), or part of it, only if it has been authorised thereto by the competent authority or by the Agency if the competent authority has not been audited by the Agency for the species concerned in accordance with Article 72. Technical examination by the applicant shall be carried out in particular premises, which are dedicated to this purpose.
Amendment 956 #
Proposal for a regulation
Article 73 – paragraph 2 – introductory part
Article 73 – paragraph 2 – introductory part
2. Prior to granting the authorisation to carry out the technical examination, the competent authority, or where applicable the Agency, shall audit the premises and the organisation of the applicant. That audit shall verify whether the premises and organisation are suitable for carrying out the technical examination as regards:
Amendment 962 #
Proposal for a regulation
Article 73 – paragraph 4
Article 73 – paragraph 4
4. On the basis of the audit referred to in paragraph 1, the competent authority, or where applicable the Agency, may recommend to the applicant, if appropriate, actions to ensure the suitability of the applicant’s premises and organisation.
Amendment 965 #
Proposal for a regulation
Article 73 – paragraph 5 – subparagraph 1
Article 73 – paragraph 5 – subparagraph 1
Further to the authorisation and audit referred to in paragraph 1, the competent authority and the Agency may carry out additional audits and, where applicable, recommend to the applicant, within a specific period of time, corrective actions concerning the applicant’s premises and the organisation.
Amendment 967 #
Proposal for a regulation
Article 73 – paragraph 5 – subparagraph 2
Article 73 – paragraph 5 – subparagraph 2
In case the competent authority or the Agency concludes that the applicant’s premises and organisation are not suitable, it may revoke or modify the authorisation referred to in paragraph 1.
Amendment 989 #
Proposal for a regulation
Article 80 – title
Article 80 – title
Already registered varieties and clones
Amendment 991 #
Proposal for a regulation
Article 80 – paragraph 1
Article 80 – paragraph 1
1. By way of derogation from Articles 66 to 79, the competent authorities shall register in their national variety registers all varieties officially accepted or registered, before the entry into force of this Regulation, in the catalogues, lists or registers established by their Member States pursuant to Article 3 of Directive 2002/53/EC, Article 3(2) of Directive 2002/55/EC, Article 7(4) of Directive 2008/90/EC and Article 5 of Directive 68/193/EEC and all clones registered pursuant to Article 5 of Directive 68/193/EEC, Article 7(4) of Directive 2008/90/EC, Chapter II of Directive 2008/62/EC and Section I of Chapter II and Section I of Chapter III of Directive 2009/145/EC.
Amendment 1045 #
Proposal for a regulation
Part III – title IV – chapter IV – section 4 (articles 90 to 92)
Part III – title IV – chapter IV – section 4 (articles 90 to 92)
Amendment 1056 #
Proposal for a regulation
Article 93 – title
Article 93 – title
Relevant varieties and clones
Amendment 1057 #
Proposal for a regulation
Article 93
Article 93
This Chapter shall apply to varieties and clones not registered in any national variety register pursuant to Article 79.
Amendment 1064 #
Proposal for a regulation
Article 94 – paragraph 2
Article 94 – paragraph 2
2. For the examination of denominations, for variety and clone maintenance and for exemptions from the payment of registration fees, Articles 95, 96 and 97 shall apply instead of the provisions referred to in paragraph 1(a), (b) and (d).
Amendment 1065 #
Proposal for a regulation
Article 94 – paragraph 3 – introductory part
Article 94 – paragraph 3 – introductory part
3. When applying Chapter IV for the registration of a variety or clone in the Union variety register, references shall be construed as follows:
Amendment 1068 #
Proposal for a regulation
Article 96 – title
Article 96 – title
Amendment 1071 #
Proposal for a regulation
Article 96 – paragraph 1
Article 96 – paragraph 1
1. Varieties and clones registered in the Union variety register shall be maintained by the applicant, or by any other person acting in mutual agreement with the applicant. The other person shall be notified to the Agency.
Amendment 1080 #
Proposal for a regulation
Article 96 – paragraph 5
Article 96 – paragraph 5
5. The competent authorities of the Member State where the maintenance of the variety or the clone concerned takes place, shall assist the Agency as regards controls on maintenance.
Amendment 1103 #
Proposal for a regulation
Article 106 – paragraph 1 – point k
Article 106 – paragraph 1 – point k
(k) "provenance" means the place in which any seed source or stand is growing;
Amendment 1105 #
Proposal for a regulation
Article 106 – paragraph 1 – point q
Article 106 – paragraph 1 – point q
(q) "tested": means derived from basic forest material consisting of stands, seed orchards, parents of families, clones or clonal mixtures of superior quality, which must have been demonstrated by comparative testing or estimated from the genetic evaluation of the components of the basic forest material;
Amendment 1107 #
Proposal for a regulation
Article 106 – paragraph 1 – point r – introductory part
Article 106 – paragraph 1 – point r – introductory part
(r) "planting stocks" means one of the following:
Amendment 1109 #
Proposal for a regulation
Article 106 – paragraph 1 – point u
Article 106 – paragraph 1 – point u
(u) "area of utilisationgion/area" means the area where the forest reproductive material is used for a specified purpose.
Amendment 1111 #
Proposal for a regulation
Article 110 – paragraph 1
Article 110 – paragraph 1
1. The Member States shall for species in Annex IX demarcate the regions of provenance of basic forest material consisting of stands or seed sources and intended for the production of forest reproductive material under the ‘source- identified’ and ‘selected’ categories.
Amendment 1114 #
Proposal for a regulation
Article 112 – paragraph 4 – point b
Article 112 – paragraph 4 – point b
(b) category for the production of which the basic forest material is intendedof forest reproductive material;
Amendment 1116 #
Proposal for a regulation
Article 112 – paragraph 4 – point f – point i
Article 112 – paragraph 4 – point f – point i
(i) for basic forest material intended for production of the ‘source-identified’ category, region of provenance and geographical position defined by latitude and longitude or the latitudinal and longitudinal range;
Amendment 1118 #
Proposal for a regulation
Article 112 – paragraph 4 – point h
Article 112 – paragraph 4 – point h
(h) area: the sizeextent of a seed source(s), stand(s) or seed orchard(s);
Amendment 1121 #
Proposal for a regulation
Article 117 – paragraph 4
Article 117 – paragraph 4
4. Forest reproductive material belonging to the species and artificial hybrids listed in Annex IX which propagate vegetatively may only be made available on the market under the ‘selected’ category if it has been mass propagated from seeds.
Amendment 1123 #
Proposal for a regulation
Article 123 – paragraph 2 – point i
Article 123 – paragraph 2 – point i
(i) the age of planting stock, of seedlings or of cuttings;Linguistic amendment only affecting the Spanish version
Amendment 1125 #
Proposal for a regulation
Article 123 – paragraph 2 – point j
Article 123 – paragraph 2 – point j
(j) the type of planting stock (whether undercuts, transplantsbare-root or containerised);
Amendment 1127 #
Proposal for a regulation
Article 124 – paragraph 1 – point a
Article 124 – paragraph 1 – point a
(a) the master certificate number(s) issued under Article 122(1) or the reference to the other document available according to Article 122 (3) and (4);
Amendment 1129 #
Proposal for a regulation
Article 124 – paragraph 2 – point b
Article 124 – paragraph 2 – point b
(b) the germination ratpercentage of the pure seed, or, where germination ratpercentage is impossible or impractical to assess, the viability percentage assessed by reference to a specified method;
Amendment 1147 #
Proposal for a regulation
Annex I – item 1
Annex I – item 1
Amendment 1150 #
Proposal for a regulation
Annex I – item 2
Annex I – item 2
Amendment 1153 #
Proposal for a regulation
Annex I – item 3
Annex I – item 3
Amendment 1156 #
Proposal for a regulation
Annex I – item 4
Annex I – item 4
Amendment 1159 #
Proposal for a regulation
Annex I – item 5
Annex I – item 5
Amendment 1162 #
Proposal for a regulation
Annex I – item 6
Annex I – item 6
Amendment 1174 #
Proposal for a regulation
Annex I – item 16
Annex I – item 16
Amendment 1177 #
Proposal for a regulation
Annex I – item 17
Annex I – item 17
Amendment 1186 #
Proposal for a regulation
Annex I – item 28
Annex I – item 28
Amendment 1189 #
Proposal for a regulation
Annex I – item 29
Annex I – item 29
Amendment 1200 #
Proposal for a regulation
Annex I – item 39
Annex I – item 39
Amendment 1207 #
Proposal for a regulation
Annex I – item 44
Annex I – item 44
Amendment 1209 #
Proposal for a regulation
Annex I – item 45
Annex I – item 45
Amendment 1226 #
Proposal for a regulation
Annex I – item 61
Annex I – item 61
Amendment 1237 #
Proposal for a regulation
Annex I – item 73
Annex I – item 73
Amendment 1240 #
Proposal for a regulation
Annex I – item 74
Annex I – item 74
Amendment 1249 #
Proposal for a regulation
Annex I – item 84
Annex I – item 84
Amendment 1251 #
Proposal for a regulation
Annex I – item 85
Annex I – item 85
Amendment 1253 #
Proposal for a regulation
Annex I – item 86
Annex I – item 86
Amendment 1256 #
Proposal for a regulation
Annex I – item 87
Annex I – item 87
Amendment 1278 #
Proposal for a regulation
Annex I – item 113
Annex I – item 113
Amendment 1281 #
Proposal for a regulation
Annex I – item 114
Annex I – item 114
Amendment 1284 #
Proposal for a regulation
Annex I – item 115
Annex I – item 115
Amendment 1287 #
Proposal for a regulation
Annex I – item 116
Annex I – item 116
Amendment 1290 #
Proposal for a regulation
Annex I – item 117
Annex I – item 117
Amendment 1293 #
Proposal for a regulation
Annex I – item 118
Annex I – item 118
Amendment 1296 #
Proposal for a regulation
Annex I – item 119
Annex I – item 119
Amendment 1299 #
Proposal for a regulation
Annex I – item 120
Annex I – item 120
Amendment 1302 #
Proposal for a regulation
Annex I – item 121
Annex I – item 121
Amendment 1305 #
Proposal for a regulation
Annex I – item 122
Annex I – item 122
Amendment 1308 #
Proposal for a regulation
Annex I – item 123
Annex I – item 123
Amendment 1311 #
Proposal for a regulation
Annex I – item 124
Annex I – item 124
Amendment 1314 #
Proposal for a regulation
Annex I – item 125
Annex I – item 125
Amendment 1324 #
Proposal for a regulation
Annex I – item 135
Annex I – item 135
Amendment 1336 #
Proposal for a regulation
Annex I – item 144
Annex I – item 144
Amendment 1341 #
Proposal for a regulation
Annex I – item 147
Annex I – item 147
Amendment 1344 #
Proposal for a regulation
Annex I – item 148
Annex I – item 148
Amendment 1347 #
Proposal for a regulation
Annex I – item 149
Annex I – item 149
Amendment 1350 #
Proposal for a regulation
Annex I – item 150
Annex I – item 150
Amendment 1353 #
Proposal for a regulation
Annex I – item 151
Annex I – item 151
Amendment 1356 #
Proposal for a regulation
Annex I – item 152
Annex I – item 152
Amendment 1359 #
Proposal for a regulation
Annex I – item 153
Annex I – item 153
Amendment 1365 #
Proposal for a regulation
Annex I – item 157
Annex I – item 157
Amendment 1378 #
Proposal for a regulation
Annex I – item 171
Annex I – item 171
Amendment 1381 #
Proposal for a regulation
Annex I – item 172
Annex I – item 172