58 Amendments of Andrea ZANONI related to 2013/0137(COD)
Amendment 101 #
Proposal for a regulation
Recital 36
Recital 36
(36) In the context of the Convention on Biological Diversity to which the Union is a party, the Union has committed to maintainThe Union is a party to both the International Treaty on Plant Genetic Resources for Food and Agriculture and the Convention on Biological Diversity and has in the context of these committed to the conservation and sustainable use of the genetic diversity of cultivated plants, and of wild relatives, and to minimise genetic erosion. That commitment complements the objective of the Union to halt biodiversity loss by 2020. In that context, certain varieties should be allowed to be produced and made available on the market even if they do not comply with the requirements concerning distinctiveness, uniformity or stability, to ensure their conservation and sustainable use and thus contribute to the sustainability of agriculture and the adaptation to climate change. Therefore, those varieties should only be registered on the basis of an officially recognised description.
Amendment 115 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) intended solely for, and maintained and disseminated by, gene banks, organisations and networks of conservation of genetic resources, including in situ on farm conservation, or persons belonging to those organisations or networks;
Amendment 117 #
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) exchanged in kind betweenbetween persons other than professional operators, or between professional operators and persons other than professional operators.
Amendment 123 #
Proposal for a regulation
Article 2 – paragraph 1 – point d a (new)
Article 2 – paragraph 1 – point d a (new)
(da) produced by farmers on their own farm, on their own behalf and on their own account.
Amendment 129 #
Proposal for a regulation
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
(5) ‘making available on the market’ means the holding for the purpose of sale within the Union, including offering for sale or for any other form of transfer, and the sale, distribution, import into, and export out of, the Union and other forms of transfer by a professional operator and aimed at commercial exploitation, whether free of charge or not;
Amendment 133 #
Proposal for a regulation
Article 3 – paragraph 1 – point 6 – introductory part
Article 3 – paragraph 1 – point 6 – introductory part
(6) ‘professional operator’ means any natural or legal person carrying out, as a profession, at least one of the following activities with regard tomaking available on the market plant reproductive material:, as a profession.
Amendment 136 #
Proposal for a regulation
Article 3 – paragraph 1 – point 6 – point a
Article 3 – paragraph 1 – point 6 – point a
Amendment 140 #
Proposal for a regulation
Article 3 – paragraph 1 – point 6 – point b
Article 3 – paragraph 1 – point 6 – point b
Amendment 142 #
Proposal for a regulation
Article 3 – paragraph 1 – point 6 – point c
Article 3 – paragraph 1 – point 6 – point c
Amendment 145 #
Proposal for a regulation
Article 3 – paragraph 1 – point 6 – point d
Article 3 – paragraph 1 – point 6 – point d
Amendment 147 #
Proposal for a regulation
Article 3 – paragraph 1 – point 6 – point e
Article 3 – paragraph 1 – point 6 – point e
Amendment 148 #
Proposal for a regulation
Article 3 – paragraph 1 – point 6 – point f
Article 3 – paragraph 1 – point 6 – point f
Amendment 180 #
Proposal for a regulation
Article 10 – paragraph 1 – point 4
Article 10 – paragraph 1 – point 4
Amendment 181 #
Proposal for a regulation
Article 10 – paragraph 1 – point 5
Article 10 – paragraph 1 – point 5
(5) ‘variety maintenance’ means the actions to ensure that a variety remains consistent with its descagronomically relevant characteripstioncs;
Amendment 186 #
Proposal for a regulation
Article 10 – paragraph 1 – point 10 a (new)
Article 10 – paragraph 1 – point 10 a (new)
(10 a) 'heterogeneous material' means plant reproductive material that does not belong to a variety as defined in Article 10(1), and is not a mixture of varieties or plants protected by any intellectual property right.
Amendment 206 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 208 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
Amendment 210 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 212 #
Proposal for a regulation
Article 12 – paragraph 4 – point c a (new)
Article 12 – paragraph 4 – point c a (new)
(ca) It is seed or plant reproductive material of vegetables, ornamental plants, fruit plants, wine or aromatic or medical herbs;
Amendment 225 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Plant reproductive material may be produced and made available on the market only if it belongs to a variety registered in a national variety register referred to in Article 51 or in the Union variety register referred to in Article 52.
Amendment 229 #
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 1
Article 14 – paragraph 3 – subparagraph 1
Amendment 230 #
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 2 – introductory part
Article 14 – paragraph 3 – subparagraph 2 – introductory part
Those delegated actse Commission shall be empowered to adopt delegated acts, in accordance with Article 140, which may set out one or more of the following for heterogeneous material:
Amendment 231 #
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 2 – point a
Article 14 – paragraph 3 – subparagraph 2 – point a
(a) rules on labelling and packaging to indicate to the end purchaser the region of selection of the material and the production location and date of each lot sold; rules on packaging to ensure that it is adapted to the needs of potential professional users;
Amendment 232 #
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 2 – point b
Article 14 – paragraph 3 – subparagraph 2 – point b
(b) rules concerning description of the material, including obtaining procedures, the breeding methods and parental material used, description of the production scheme for the plant reproductive material and availability of standard samples, characteristics shared by all of the plants stemming from the material, or the constant characteristics (in field and/or harvest) but which are not necessarily shared when the material is grown using a specific production method within a specific environment and region, and also depending on the place and year of the commercialized batch of production and the availability of standard samples;
Amendment 233 #
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 2 – point c
Article 14 – paragraph 3 – subparagraph 2 – point c
Amendment 234 #
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 2 – point d
Article 14 – paragraph 3 – subparagraph 2 – point d
(d) establishment by the competent local or national authorities of registers for heterogeneous material, modalities for registration and content of those registers;
Amendment 235 #
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 2 – point e
Article 14 – paragraph 3 – subparagraph 2 – point e
Amendment 236 #
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 3
Article 14 – paragraph 3 – subparagraph 3
Those delegated acts shall be adopted by [Office of Publications, please insert date of application of this Regulation…]. They may be adopted per particularevery genera or species for which an application has been filed.
Amendment 237 #
Proposal for a regulation
Article 14 a (new)
Article 14 a (new)
Article 14a Making available on the market of heterogeneous material Plant reproductive material may be produced and made available on the market as heterogeneous material, registered in a national variety register referred to in Article 51, on the basis of an officially recognised description. This includes inter alia : a) Landraces, conservation varieties or selections thereof which do not comply with articles 60, 61 and 62 but provide a certain stability as regards their agronomic performance, b) Multicomponent varieties derived from open pollination (polycross) of a defined set of parental lines which do not comply with articles 60, 61 and 62 but provide a certain stability as regards their agronomic performance, c) Open pollinated varieties and populations of completely or partially outcrossing species which do not comply with articles 60, 61 and 61 but provide a certain stability as regards their agronomic performance, d) Population crosses between open pollinated populations or open pollinated varieties with high level of heterogeneity, e) Composite cross populations derived from crosses of defined parental lines and evolved in a certain environment with a high level of heterogeneity and high plasticity needed for adaptation to changing environmental conditions. 2) Heterogeneous material is obtained through methods which respect natural crossing barriers. 3) The making available on the market of heterogeneous material shall comply with the provisions of Title III of Part III of this act.
Amendment 239 #
Proposal for a regulation
Article 15
Article 15
Amendment 301 #
Proposal for a regulation
Article 36 – paragraph 1 – subparagraph 1 – point a
Article 36 – paragraph 1 – subparagraph 1 – point a
(a) it is made available on the market in small quantities by persons other than professional operators, or by professional operators employing no more than ten persons and whose annual turnover or balance sheet total does not exceed EUR 2 million;, whose annual turnover or balance sheet does not exceed EUR 2 million, and which are not directly or indirectly dependent of any professional operator whose annual turnover or balance sheet, added to their own, exceeds EUR 2 million in total. By way of derogation from paragraph a), associations and non-profit organisations whose statutory purpose is the preservation and promotion of the diversity of plant genetic resources and whose annual turnover or balance sheet does not exceed EUR 2 million can market niche material even if they employ more than ten people.
Amendment 303 #
Proposal for a regulation
Article 36 – paragraph 1 – subparagraph 1 – point b a (new)
Article 36 – paragraph 1 – subparagraph 1 – point b a (new)
(ba) it is freely reproducible;
Amendment 304 #
Proposal for a regulation
Article 36 – paragraph 1 – subparagraph 1 – point b b (new)
Article 36 – paragraph 1 – subparagraph 1 – point b b (new)
(bb) it was obtained, selected and multiplied with traditional breeding methods which respect natural crossing barriers.
Amendment 306 #
Proposal for a regulation
Article 36 – paragraph 3 – introductory part
Article 36 – paragraph 3 – introductory part
3. The Commission shall be empowered to adopt delegated acts, in accordance with Article 140, setting out, with regard to the production and making available on the market of niche material belonging to particular genera or species, one or more of the following:
Amendment 307 #
Proposal for a regulation
Article 36 – paragraph 3 – point a
Article 36 – paragraph 3 – point a
(a) the maximum size of packages, containers or bundles, commensurate with the needs of professional and non- professional farmers who could use it;
Amendment 308 #
Proposal for a regulation
Article 36 – paragraph 3 – point b
Article 36 – paragraph 3 – point b
(b) requirements concerning traceability, lots and labelling of the niche market material concerned., including indications to the ultimate purchaser of the origin of the variety and of the place and year of production of each lot sold;
Amendment 309 #
Proposal for a regulation
Article 36 – paragraph 3 – point c a (new)
Article 36 – paragraph 3 – point c a (new)
(ca) rules on information on processes of multiplication used
Amendment 342 #
Proposal for a regulation
Article 53 – paragraph 1 – point b a (new)
Article 53 – paragraph 1 – point b a (new)
(ba) the method by which the variety was bred; if applicable, a statement that the variety is protected by plant breeders’ rights or any other form of intellectual property right; all these data are kept available to the public;
Amendment 343 #
Proposal for a regulation
Article 53 – paragraph 1 – point b b (new)
Article 53 – paragraph 1 – point b b (new)
(bb) where applicable, the indication of the origin of the genetic material used and data required under the Regulation (EU) on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization in the Union [xxx]21d; 21d OJ …,….
Amendment 351 #
Proposal for a regulation
Article 54
Article 54
Amendment 358 #
Proposal for a regulation
Article 56 – paragraph 2 – point a
Article 56 – paragraph 2 – point a
(a) they have an official description showing compliance with the requirements of distinctiveness, uniformity and stability set out in Articles 60, 61 and 62, or are provided with an officially recognised description pursuant to Article 57; the description is adapted to the variety type and mode of reproduction;
Amendment 360 #
Proposal for a regulation
Article 56 – paragraph 2 – point b
Article 56 – paragraph 2 – point b
(b) in case they belong to genera or species with particular importance for the satisfactory development of agriculture in the Union, as referred to in paragraph 5, they havemay be tested for a satisfactory value for cultivation and/or use pursuant to Article 58;
Amendment 362 #
Proposal for a regulation
Article 56 – paragraph 2 – point c
Article 56 – paragraph 2 – point c
(c) in case they belong to genera or species with particular importance for the sustainable development of agriculture in the Union, as referred to in paragraph 6, they havemay be tested for a sustainable value for cultivation and/or use pursuant to Article 59.
Amendment 377 #
Proposal for a regulation
Article 57 – paragraph 1 – point a
Article 57 – paragraph 1 – point a
(a) in case the variety had been previously not registered in a national variety register or in the Union variety register and plant reproductive material belonging to that variety has been made available on the market before the entry into force of this Regulation;
Amendment 380 #
Proposal for a regulation
Article 57 – paragraph 1 – point b
Article 57 – paragraph 1 – point b
(b) in case the variety had been previously registered in any national variety register or in the Union variety register on the basis of a technical examination pursuant to Article 71, but has been deleted from those registers more than five years before the submission of the current application and would not fulfil the requirements laid down in Articles 60, 61 and 62 and, where applicable, Article 58(1) and Article 59(1).
Amendment 383 #
Proposal for a regulation
Article 57 – paragraph 1 – point b a (new)
Article 57 – paragraph 1 – point b a (new)
(ba) this variety has been obtained, selected and / or multiplied with traditional methods which respect natural crossing barriers.
Amendment 388 #
Proposal for a regulation
Article 57 – paragraph 2 – point a
Article 57 – paragraph 2 – point a
Amendment 393 #
Proposal for a regulation
Article 57 – paragraph 3
Article 57 – paragraph 3
Amendment 396 #
Proposal for a regulation
Article 57 – paragraph 4 – point a
Article 57 – paragraph 4 – point a
(a) it is based, where available, on information from plant genetic resources authorities or from organisations recognised for that purpose by the Member States, or it is based on a description delivered by the applicant which complies with the respective technical requirement; and
Amendment 404 #
Proposal for a regulation
Article 58 – paragraph 1 a (new)
Article 58 – paragraph 1 a (new)
1a. The design, criteria and conditions of examination shall take into account the targeted use of the variety, in particular as regards climatic and environmental conditions and/or low input or organic farming conditions.
Amendment 412 #
Proposal for a regulation
Article 60 – paragraph 1
Article 60 – paragraph 1
1. For the purposes of the official description, referred to in point (a) of Article 56(2) and (3), a variety shall be deemed to be distinct, if it is clearly distinguishable, by reference to the expression of theone or more characteristics, including the variety type or mode of reproduction, or a frequency of characteristics, that results from a particular genotype or combination of genotypes, from any other variety whose existence is commonly known on the date of the application determined pursuant to Article 70.
Amendment 419 #
Proposal for a regulation
Article 61 – paragraph 1
Article 61 – paragraph 1
For the purposes of the official description, referred to in point (a) of Article 56(2) and (3), a variety shall be deemed to be uniform if, subject to the variation that may be expected from the particular features of its mode of reproduction and variety type, it is sufficiently uniform in the expression of those characteristics which are included in the examination for distinctness, as well as in the expression of any other characteristics used for its official descripof importance for the end user and used for its official description, whereas it is ensured that varieties are compared to an equal variety type in the examinations.
Amendment 423 #
Proposal for a regulation
Article 62 – paragraph 1
Article 62 – paragraph 1
For the purposes of the official description referred to in point (a) of Article 56(2) and (3), a variety shall be deemed to be stable if the expression of those characteristics which are included in the examination for distinctness, as well as any other characteristics used for the variety description, remains mainly unchanged after repeated reproduction or, in the case of cycles of reproduction, at the end of each such cycle, subject to the variation that may be expected from the particular features of its mode of reproduction and variety type or from local conditions.
Amendment 448 #
Proposal for a regulation
Article 67 – paragraph 1 – point m a (new)
Article 67 – paragraph 1 – point m a (new)
(ma) the methods and breeding techniques by which the variety was obtained;
Amendment 467 #
Proposal for a regulation
Article 71 – paragraph 5
Article 71 – paragraph 5
Amendment 471 #
Proposal for a regulation
Article 73
Article 73
Amendment 498 #
Proposal for a regulation
Article 85 – paragraph 2 – subparagraph 1
Article 85 – paragraph 2 – subparagraph 1
On request by the applicant or a third party, the competent authority mayshall allow a variety deleted from the national variety register or expired in accordance to paragraph 1(b) or 1(h) to continue to be made available on the market until 30 June of the third year following the deletion from the register.
Amendment 500 #
Proposal for a regulation
Article 85 – paragraph 2 – subparagraph 2
Article 85 – paragraph 2 – subparagraph 2