184 Amendments of Anthea McINTYRE related to 2013/0137(COD)
Amendment 78 #
Proposal for a regulation
Title 0
Title 0
The Committee on environment, public health and food safety calls on the Committee on agriculture and rural development, as the committee responsible, to reject the Commission proposal.
Amendment 94 #
Proposal for a regulation
Recital 14
Recital 14
(14) In order to ensure the widest possible availability of plant reproductive material and choices by its users, professional operators should, in principle, be able to make available on the market plant reproductive material belonging to listed genera or species under any of the categories, considering that production and marketing conditions between agricultural and horticultural species are different. However, in order to ensure food and feed security, andor to achieve a high level of identity, quality and health of plant reproductive material, plant reproductive material, particularly agricultural species material, should not be made available on the market as standard material if the certification costs are proportionate to those objectives.
Amendment 95 #
Proposal for a regulation
–
–
The European Parliament rejects the Commission proposal.
Amendment 114 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) intended solely for, and maintained by, gene banks, organisations and networks of conservation of genetic resources, or persons belonging to those organisations or networks;
Amendment 116 #
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) exchanged in kind, or marketed in small non-commercial quantities, between persons other than professional operators.
Amendment 121 #
Proposal for a regulation
Recital 14
Recital 14
(14) In order to ensure the widest possible availability of plant reproductive material and choices by its users, professional operators should, in principle, be able to make available on the market plant reproductive material belonging to listed genera or species under any of the categories, considering that production and marketing conditions between agricultural and horticultural species are different. However, in order to ensure food and feed security, andor to achieve a high level of identity, quality and health of plant reproductive material, plant reproductive material, particularly agricultural species material, should not be made available on the market as standard material if the certification costs are proportionate to those objectives.
Amendment 127 #
Proposal for a regulation
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
(5) ‘m"Making available on the market’", unless on an "own holding" as defined in Article 3, means the holding for the purpose of sale within the Union, including offering for sale or for any other form of transfer within the Union, and the sale, distribution, import into, and export out of, the Union and other forms of transfer, whethe in the course of commercial activity related to plant reproductive material, whether in return for payment or free of charge or not;
Amendment 138 #
Proposal for a regulation
Article 3 – paragraph 1 – point 6 – point a
Article 3 – paragraph 1 – point 6 – point a
(a) producing in order to directly make available on the market;
Amendment 153 #
Proposal for a regulation
Article 3 – paragraph 1 – point 10 a (new)
Article 3 – paragraph 1 – point 10 a (new)
(10a) 'Small quantities' shall be defined as quantities no larger than those sufficient to sow or plant 0.25 ha of land at usual sowing or planting rates for the species concerned.
Amendment 156 #
Proposal for a regulation
Article 3 – paragraph 1 – point 10 b (new)
Article 3 – paragraph 1 – point 10 b (new)
(10b) "Own holding" shall be considered to be any holding or part thereof which is managed within the same common business entity. The seed produced shall be suitable for use on land managed within the same common business entity, where the business entity shares in the financial risks and rewards of the crop.
Amendment 158 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
Plant reproductive material shall be subject to no restrictions concerning its production and making available on the market, other than those laid down in this Regulation, in Directive 94/62/EC, Regulation (EC) No 2100/1994 and corresponding Member States' legislation, Regulation (EC) No 338/97, Directive 2001/18/EC, Regulation (EC) No 1829/2003, Regulation (EC) No 1830/2003, Regulation (EU) No …/… 2100/199421a[Office of Publication, please insert number of Regulation on protective measures against pests of plants] and in Union legislation restricting the production or making available on the market of invasive alien species. 21a OJ L 227, 1.9.1994, p. 1
Amendment 159 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Professional operators shall be registered in the registers referred to in Article 61 of Regulation (EC) No …/… .../... 21b(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., unless otherwise stated. 21b OJ L …, …, p. …
Amendment 160 #
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
Professional operators marketing solely and directly to non-professional end users, such as home gardeners, shall be excluded from the requirement to register as professional operators under this Regulation.
Amendment 168 #
Proposal for a regulation
Article 7 – paragraph 1 – point h
Article 7 – paragraph 1 – point h
(h) make available to the competent authorities, on request, any contracts with third parties concerning the production of plant reproductive material.
Amendment 171 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
For the purpose of paragraph 1, professional operators shall keep information allowing them to identify the professional operators, whichersons to whom they have supplied them with plant reproductive material, and the material concerned, unless that material has been supplied to consumers who are not professional.
Amendment 172 #
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1
Article 8 – paragraph 3 – subparagraph 1
For the purpose of paragraph 1, professional operators shall keep information allowing them to identify the persons to whom they have supplied plant reproductive material and the material concerned, unless that material has been supplied in retail to non-professional end users.
Amendment 178 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) intended solely for, and maintained by, gene banks, organisations and networks of conservation of genetic resources, or persons belonging to those organisations or networks;
Amendment 182 #
Proposal for a regulation
Article 10 – paragraph 1 – point 6
Article 10 – paragraph 1 – point 6
(6) ‘'pre-basic material’' means plant reproductive material which is at the first step of production under official control and is intended for the production of further pre-basic material and other categories of plant reproductive material;
Amendment 183 #
Proposal for a regulation
Article 10 – paragraph 1 – point 7
Article 10 – paragraph 1 – point 7
(7) ‘'basic material’' means plant reproductive material which has been produced from pre-basic or basic material, and is intended for the production of further basic material or certified material;
Amendment 184 #
Proposal for a regulation
Article 10 – paragraph 1 – point 8
Article 10 – paragraph 1 – point 8
(8) ‘'certified material’' means plant reproductive material which has been produced from pre-basic or basic material, basic or certified material and is intended for the production of further certified material or marketing for commercial crop production;
Amendment 195 #
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) exchanged in kind, or marketed in small non-commercial quantities, between persons other than professional operators.
Amendment 198 #
Proposal for a regulation
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
(4 a) This Title shall not apply to: - Species exclusively for ornamental use; - Plant reproductive material of Annex I species intended for ornamental uses or for use solely by non-professional users, unless a higher level of control is needed for plant health purposes. - Plant reproductive material of Annex I species intended for ornamental use or marketed in small quantities to non- professional users, such as home gardeners.
Amendment 229 #
Proposal for a regulation
Article 3 – point 5
Article 3 – point 5
(5) ‘m"Making available on the market’", unless on an "own holding" as defined in Article 3, means the holding for the purpose of sale within the Union, including offering for sale or for any other form of transfer within the Union, and the sale, distribution, import into, and export out of, the Union and other forms of transfer, whethe in the course of commercial activity related to plant reproductive material, whether in return for payment or free of charge or not;
Amendment 242 #
Proposal for a regulation
Article 3 – point 6 – point a
Article 3 – point 6 – point a
(a) producing in order to directly make available on the market;
Amendment 243 #
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Article 15a Requirements for Niche Market Varieties 1) Plant reproductive material may be made available on the market as niche market varieties on the basis of an officially recognised description where: (a) the varieties or landraces concerned have no intrinsic value for commercial crop production, but have been developed for growing under particular conditions. A variety shall be considered as having been developed for growing under particular conditions if it has been developed for growing under particular agro-technical, climatic or pedological conditions, such as manual care or repeated harvesting. (b) it is labelled with the indication 'niche market material'. 2) The persons who produce niche market material shall keep records of the quantities of the material produced and made available on the market per genera, species or type of material. On request, they shall make those records available to the competent authorities. 3) Niche market varieties shall be sold in quantities no larger than those sufficient to sow or plant 0.25 ha of land at usual sowing or planting rates for the species concerned.
Amendment 250 #
Proposal for a regulation
Article 3 – point 6 – point d
Article 3 – point 6 – point d
(d) providing services excluding transport;
Amendment 257 #
Proposal for a regulation
Article 22 – paragraph 1 – point b
Article 22 – paragraph 1 – point b
(b) the competent authority, if requested so by the professional operator, or if the professional operator concerned is not authorised pursuant to Article 23.;
Amendment 260 #
Proposal for a regulation
Article 23 – paragraph 1 – introductory part
Article 23 – paragraph 1 – introductory part
1. Professional operators may be authorised by the competent authority to carry out the certification and producectivities and to produce and affix the official labels under official supervision, as referred to in point (a) of Article 22, only if they fulfil all of the following conditions:conditions relevant to the particular activity;
Amendment 261 #
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. The authorisation referred to in paragraph 1 may be granted for particular or all genera or species, categories of plant reproductive material or activities.
Amendment 262 #
Proposal for a regulation
Article 24 – paragraph 4 – point b a (new)
Article 24 – paragraph 4 – point b a (new)
(ba) accreditation of the professional operator's entire activity in respect of plant reproductive material, based on externally accredited quality assurance and disapplying some or all of the provisions of paragraphs 2 and 3;
Amendment 265 #
Proposal for a regulation
Article 3 – point 10 a (new)
Article 3 – point 10 a (new)
(10a) 'Small quantities' means quantities no larger than those sufficient to sow or plant 0.25 ha of land at usual sowing or planting rates for the species concerned.
Amendment 266 #
Proposal for a regulation
Article 3 – paragraph 1 – point 10 b (new)
Article 3 – paragraph 1 – point 10 b (new)
(10b) "Own holding" means any holding or part thereof which is managed within the same common business entity. The seed produced shall be suitable for use on land managed within the same common business entity, where the business entity shares in the financial risks and rewards of the crop.
Amendment 271 #
Proposal for a regulation
Article 4
Article 4
Plant reproductive material shall be subject to no restrictions concerning its production and making available on the market, other than those laid down in this Regulation, in Directive 94/62/EC, Regulation (EC) No 2100/1994 and corresponding Member States' legislation, Regulation (EC) No 338/97, Directive 2001/18/EC, Regulation (EC) No 1829/2003, Regulation (EC) No 1830/2003, Regulation (EU) No …/… [Office of Publication, please insert number of Regulation on protective measures against pests of plants] and in Union legislation restricting the production or making available on the market of invasive alien species.
Amendment 273 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. After the certification referred to in Article 19(1), the competent authorities may carry out tests on the plant reproductive material (hereinafter ‘'post certification tests’') to confirm that it complies with the quality requirements as referred to in Article 16(2) and the certification schemes adopted pursuant to Article 20(2). Post certification tests of the preceding generation may be used as pre control for the next generation.
Amendment 277 #
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, unless otherwise stated.
Amendment 279 #
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
Professional operators marketing solely and directly to non-professional end users, such as home gardeners, shall be excluded from the requirement to register as professional operators under this Regulation.
Amendment 284 #
Proposal for a regulation
Article 33 – paragraph 1 – introductory part
Article 33 – paragraph 1 – introductory part
1. Competent authorities may authorise the production and making available on the market of a mixture of plant reproductive material belonging to genera or species listed in Annex I, with plant reproductive material belonging to genera or species not listed in Annex I, if that mixture fulfils both of the following conditions:;
Amendment 285 #
Proposal for a regulation
Article 33 – paragraph 1 – point a
Article 33 – paragraph 1 – point a
Amendment 286 #
Proposal for a regulation
Article 33 – paragraph 1 – point b
Article 33 – paragraph 1 – point b
Amendment 287 #
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
Amendment 288 #
Proposal for a regulation
Article 33 – paragraph 3 – point c
Article 33 – paragraph 3 – point c
(c) requirements for the packages and containers of a preservation mixtureauthorisation referred to in paragraph 1;
Amendment 289 #
Proposal for a regulation
Article 33 – paragraph 3 – point d
Article 33 – paragraph 3 – point d
(d) labelling requirements for preservation mixturthe packages and containers of mixtures of Annex I and non-Annex species;
Amendment 290 #
Proposal for a regulation
Article 33 – paragraph 3 – point f
Article 33 – paragraph 3 – point f
Amendment 291 #
Proposal for a regulation
Article 33 – paragraph 3 – point g
Article 33 – paragraph 3 – point g
Amendment 292 #
Proposal for a regulation
Article 7 – point h
Article 7 – point h
(h) make available to the competent authorities, on request, any contracts with third parties concerning the production of plant reproductive material.
Amendment 293 #
Proposal for a regulation
Article 34 – paragraph 3 – point b
Article 34 – paragraph 3 – point b
Amendment 294 #
Proposal for a regulation
Article 34 – paragraph 3 – point c
Article 34 – paragraph 3 – point c
Amendment 295 #
Proposal for a regulation
Article 34 – paragraph 3 – point e
Article 34 – paragraph 3 – point e
Amendment 296 #
Proposal for a regulation
Article 34 – paragraph 6 – point b a (new)
Article 34 – paragraph 6 – point b a (new)
(ba) the quality requirements for plant reproductive material marketed under these provisions;
Amendment 297 #
Proposal for a regulation
Article 36
Article 36
Amendment 303 #
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1
Article 8 – paragraph 3 – subparagraph 1
For the purpose of paragraph 1, professional operators shall keep information allowing them to identify the persons to whom they have supplied plant reproductive material and the material concerned, unless that material has been supplied in retail to non-professional end users.
Amendment 310 #
Proposal for a regulation
Article 37 – paragraph 1 – subparagraph 1
Article 37 – paragraph 1 – subparagraph 1
In order to remove temporary difficulties in the general supply of plant reproductive material that may occur in a Member State, the competent authority of the Member State concerned may authorise the making available on the market of seed with a reduced germination rate, provided that such rate is reduced by less than 510% compared to the germination rate required pursuant to Article 16(2).
Amendment 311 #
Proposal for a regulation
Article 37 – paragraph 4 a (new)
Article 37 – paragraph 4 a (new)
4a. In order to remove temporary difficulties in the general supply of plant reproductive material that may occur in a Member State, the competent authority of the Member State concerned may authorise the making available on the market of plant reproductive material with reduced quality requirements, other than the reduced germination requirements as referred to in paragraph 1, compared to the quality requirements applicable pursuant to Article 16(2). That authorisation shall be granted, on the basis of a reasoned request submitted by the professional operator concerned, for a specific period of time which shall not exceed four months, while seed imports from remaining Member States must be listed on the appropriate Member State National List. The label of the plant reproductive material made available on the market pursuant to this paragraph shall be brown. It shall state that the reproductive material in question complies with lower quality requirements than those referred to in Article 16(2).
Amendment 312 #
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
2. Plant reproductive material referred to in paragraph 1 may be made available on the market only once from one professional operator to another, without being further transferred to any other personby the operator who is authorised according to Article 23 or under the official supervision of the Competent Authority..
Amendment 313 #
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. Competent authorities may authorise the makingProfessional operators may make available on the market of seeds for a specific period of time, as pre- basic, basic or certified material, without the germination requirements established pursuant to Article 16(2) having been yet confirmed, if this is considered necessary to make seed rapidly available on the market.
Amendment 314 #
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. Seed referred to in paragraph 1 may be made available on the market only once, from one professional operator to another, without being further transferred to any other person, on the basis of a provisional analytical report concerning germination.
Amendment 324 #
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
This Title shall apply to the production and making available on the market of plant reproductive material: (a) belonging to genera and species other than the ones listed in Annex I; (b) belonging to species listed in Annex I and marketed in small quantities to non- professional end users; (c) belonging to species listed in Annex I but marketed solely for ornamental use.
Amendment 333 #
Proposal for a regulation
Article 50 – paragraph 1 – point c
Article 50 – paragraph 1 – point c
(c) the variety has been entered in any other public or private list with an official or officially recognised description and a denominprofessional operator making material available on the market provides sufficient assurance of the identity and denomination of the variety through information provided on any other public or private list and traceability of preceding cycles of multiplication.;
Amendment 333 #
Proposal for a regulation
Article 10 – point 6
Article 10 – point 6
(6) ‘pre-basic material’ means plant reproductive material which is at the first step of production under official control and is intended for the production of further pre-basic material and other categories of plant reproductive material;
Amendment 335 #
Proposal for a regulation
Article 50 – paragraph 1 – point c a (new)
Article 50 – paragraph 1 – point c a (new)
(ca) the variety can be shown to be commonly known to consumers from information available in the public domain.
Amendment 336 #
Proposal for a regulation
Article 10 – point 7
Article 10 – point 7
(7) ‘basic material’ means plant reproductive material which has been produced from pre-basic or basic material, and is intended for the production of further basic material or certified material;
Amendment 339 #
Proposal for a regulation
Article 10 – point 8
Article 10 – point 8
(8) ‘certified material’ means plant reproductive material which has been produced from pre-basic or basic material, basic or certified material and is intended for the production of further certified material or marketing for commercial crop production;
Amendment 371 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. This Title shall also apply to rootstocks and other parts of plants (hereinafter jointly referred to as ‘rootstocks’), which belong to genera and species not listed in Annex I, if material of one of the genera or species listed in Annex I, or their hybrids, is grafted on them. Should the material not belong to variety in the case of rootstocks, the species or interspecific hybrid concerned shall be referenced.
Amendment 375 #
Proposal for a regulation
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. This Title shall not apply to: - Species exclusively for ornamental use; - Plant reproductive material of Annex I species intended for ornamental uses or for use solely by non-professional users, unless a higher level of control is needed for plant health purposes. - Plant reproductive material of Annex I species intended for ornamental use or marketed in small quantities to non- professional users, such as home gardeners.
Amendment 382 #
Proposal for a regulation
Article 57 – paragraph 1 – point b a (new)
Article 57 – paragraph 1 – point b a (new)
(ba) in case the variety has been newly bred, it is of a species or type developed for specialised markets such as for organic production.
Amendment 384 #
Proposal for a regulation
Article 57 – paragraph 1 – point b b (new)
Article 57 – paragraph 1 – point b b (new)
(bb) in case it is a niche market variety as defined in Article 36.
Amendment 400 #
Proposal for a regulation
Article 57 – paragraph 4 – point b a (new)
Article 57 – paragraph 4 – point b a (new)
(ba) the hybrid material shall be identifiable and described, including the breeding scheme and parental material used.
Amendment 413 #
Proposal for a regulation
Article 60 – paragraph 2 – point a
Article 60 – paragraph 2 – point a
(a) that variety is included in a nationn official variety register or in a Union variety registerny country;
Amendment 414 #
Proposal for a regulation
Article 60 – paragraph 2 – point b
Article 60 – paragraph 2 – point b
(b) an application has been filed for registration of that variety in a nationn official variety register pursuant to Article 66, or in the Union variety register pursuant to Article 95(1), o, or for the granting of a plant variety right in respect of that variety in any country, as long as the application entails entrance into the official variety register for the granting of a plant variety right in respect of that variety in the Union;
Amendment 425 #
Proposal for a regulation
Article 63 – paragraph 1
Article 63 – paragraph 1
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). For those species not subject to the requirements of Article 56(2)(b) and Article 56 for value for cultivation or use, a variety granted a plant variety right shall be added directly to the national or Union register as appropriate under Articles 51 and 52.
Amendment 427 #
Proposal for a regulation
Article 64 – paragraph 1 – introductory part
Article 64 – paragraph 1 – introductory part
1. For the purposes of point (a) of Article 56(1), the denomination of a variety shall not be deemed suitable if:comply with Article 63 of Regulation 2100/94 and the CPVO Guidelines on variety denomination21e 21e OJ L 227, 1.9.1994, p. 1 - 30
Amendment 429 #
Proposal for a regulation
Article 64 – paragraph 1 – point a
Article 64 – paragraph 1 – point a
Amendment 430 #
Proposal for a regulation
Article 64 – paragraph 1 – point b
Article 64 – paragraph 1 – point b
Amendment 432 #
Proposal for a regulation
Article 64 – paragraph 1 – point c
Article 64 – paragraph 1 – point c
Amendment 434 #
Proposal for a regulation
Article 64 – paragraph 1 – point d
Article 64 – paragraph 1 – point d
Amendment 435 #
Proposal for a regulation
Article 64 – paragraph 1 – point e
Article 64 – paragraph 1 – point e
Amendment 437 #
Proposal for a regulation
Article 64 – paragraph 1 – point f
Article 64 – paragraph 1 – point f
Amendment 441 #
Proposal for a regulation
Article 64 – paragraph 4
Article 64 – paragraph 4
Amendment 446 #
Proposal for a regulation
Article 66 – paragraph 2
Article 66 – paragraph 2
2. The application referred to in paragraph 1 shall be submitted in writing. That submission may take place or electronically.
Amendment 461 #
Proposal for a regulation
Article 71 – paragraph 2 – introductory part
Article 71 – paragraph 2 – introductory part
2. The technical examination referred to in paragraph 1 shall verifyassess:
Amendment 463 #
Proposal for a regulation
Article 71 – paragraph 3 – subparagraph 2
Article 71 – paragraph 3 – subparagraph 2
Amendment 465 #
Proposal for a regulation
Article 71 – paragraph 4
Article 71 – paragraph 4
4. In case an official description of the variety, producWhere a DUS result has been accepted by the Agency or aother competent authority, is already available, the competent authority shall decide thatnot require the technical examination referred todescribed in paragraph 1 is not necessary2(a).
Amendment 468 #
Proposal for a regulation
Article 71 – paragraph 5
Article 71 – paragraph 5
5. By way of derogation from paragraph 4, the competent authority may decide that the technical examination referred to in paragraph 12 (b) is necessary in the case of a variety the registration of which is requested pursuant to point (b) Article 57(1).
Amendment 472 #
Proposal for a regulation
Article 73 – paragraph 1
Article 73 – paragraph 1
1. The applicant, or other legal person acting on their behalf, 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. Technical examination by the applicant shall be carried out in particular premises, which are dedicated to this purpose.
Amendment 473 #
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 delegated body shall audit the premises and the organisation of the applicant or legal person acting on behalf of the applicant. That audit shall verify whether the premises and organisation are suitable for carrying out the technical examination as regards:
Amendment 473 #
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Article 15 a Requirements for Niche Market Varieties 1) Plant reproductive material may made available on the market as niche market varieties on the basis of an officially recognised description where: (a) the varieties or landraces concerned have no intrinsic value for commercial crop production, but have been developed for growing under particular conditions. A variety shall be considered as having been developed for growing under particular conditions if it has been developed for growing under particular agro-technical, climatic or pedological conditions, such as manual care or repeated harvesting. (b) it is labelled with the indication 'niche market material'. 2) The persons who produce niche market material shall keep records of the quantities of the material produced and made available on the market per genera, species or type of material. On request, they shall make those records available to the competent authorities. 3) Niche market varieties shall be sold in quantities no larger than those sufficient to sow or plant 0.25 ha of land at usual sowing or planting rates for the species concerned.
Amendment 474 #
Proposal for a regulation
Article 73 – paragraph 2 – point a
Article 73 – paragraph 2 – point a
(a) compliance with the requirements for distinctiveness, uniformity and stability referred to in Articles 60, 61 and 62; andor
Amendment 477 #
Proposal for a regulation
Article 73 – paragraph 3
Article 73 – paragraph 3
Amendment 480 #
Proposal for a regulation
Article 74 – paragraph 1 – subparagraph 1 – point d
Article 74 – paragraph 1 – subparagraph 1 – point d
(d) the establishment of quality management systems, including record of activities and CPVO protocols or UPOV guidelines, to be used for the technical examination;
Amendment 483 #
Proposal for a regulation
Article 76 – title
Article 76 – title
Amendment 484 #
Proposal for a regulation
Article 76 – paragraph 1
Article 76 – paragraph 1
Amendment 485 #
Proposal for a regulation
Article 76 – paragraph 2
Article 76 – paragraph 2
Amendment 486 #
Proposal for a regulation
Article 76 – paragraph 3
Article 76 – paragraph 3
Amendment 487 #
Proposal for a regulation
Article 77 – paragraph 1 a (new)
Article 77 – paragraph 1 a (new)
1a. Applicants shall be given the opportunity to visit sites where the technical examination is carried out, to be given the results of the examination, provide additional information, and discuss the results with the competent authority.
Amendment 496 #
Proposal for a regulation
Article 85
Article 85
Amendment 516 #
Proposal for a regulation
Article 22 – introductory part
Article 22 – introductory part
The official labels shall only be produced and affixed by:
Amendment 518 #
Proposal for a regulation
Article 22 – point b
Article 22 – point b
(b) the competent authority, if requested so by the professional operator, or if the professional operator concerned is not authorised pursuant to Article 23.
Amendment 522 #
Proposal for a regulation
Article 23 – paragraph 1 – introductory part
Article 23 – paragraph 1 – introductory part
1. Professional operators may be authorised by the competent authority to carry out the certification and producectivities and to produce and affix the official labels under official supervision, as referred to in point (a) of Article 22, only if they fulfil all of the following conditions relevant to the particular activity:
Amendment 523 #
Proposal for a regulation
Article 23 – paragraph 1 – point a
Article 23 – paragraph 1 – point a
(a) they possess the necessary knowledge to fulfil the production and quality requirements and comply with the certification schemes adopted pursuant to Articles 16(2) and 20(2), and, where applicable, fulfil the requirements adopted pursuant to point (a) of paragraph 3 of this Article;
Amendment 524 #
Proposal for a regulation
Article 23 – paragraph 1 – point b
Article 23 – paragraph 1 – point b
(b) they possess, or have access to, adequate equipment and laboratories to apply correctly and efficiently the requirements referred to in Articles 16(2) and 20(2), in particular equipment and laboratories complying with the requirements adopted pursuant to point (b) and (c) of paragraph 3;
Amendment 525 #
Proposal for a regulation
Article 23 – paragraph 1 – point f
Article 23 – paragraph 1 – point f
(f) they use appropriately qualified inspection and laboratory staff, in particular inspection and laboratory staff, complying with the requirements adopted pursuant to point (c) of paragraph 3.;
Amendment 526 #
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. The authorisation referred to in paragraph 1 may be granted for particular or all genera or species, categories of plant reproductive material or activities.
Amendment 527 #
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
Amendment 531 #
Proposal for a regulation
Article 24 – paragraph 4 – point b a (new)
Article 24 – paragraph 4 – point b a (new)
(ba) accreditation of the professional operator's entire activity in respect of plant reproductive material, based on externally accredited quality assurance and disapplying some or all of the provisions of paragraphs 2 and 3.
Amendment 532 #
Proposal for a regulation
Article 25
Article 25
Amendment 549 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. After the certification referred to in Article 19(1), the competent authorities may carry out tests on the plant reproductive material (hereinafter ‘post certification tests’) to confirm that it complies with the quality requirements as referred to in Article 16(2) and the certification schemes adopted pursuant to Article 20(2). Post certification tests of the preceding generation may be used as pre control for the next generation.
Amendment 551 #
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
3. Post certification tests shall be carried out through samples taken by the competent authority. They shall assess the identity and purity of the plant reproductive material concerned. Samples may be taken by the professional operator in compliance with Articles 23 and 24 in cases where the primary purpose of the test is pre-control of the next generation.
Amendment 565 #
Proposal for a regulation
Article 33 – title
Article 33 – title
Amendment 566 #
Proposal for a regulation
Article 33 – paragraph 1 – introductory part
Article 33 – paragraph 1 – introductory part
1. Competent authorities may authorise the production and making available on the market of a mixture of plant reproductive material belonging to genera or species listed in Annex I, with plant reproductive material belonging to genera or species not listed in Annex I, if that mixture fulfils both of the following conditions:.
Amendment 567 #
Proposal for a regulation
Article 33 – paragraph 1 – point a
Article 33 – paragraph 1 – point a
Amendment 568 #
Proposal for a regulation
Article 33 – paragraph 1 – point b
Article 33 – paragraph 1 – point b
Amendment 570 #
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
Amendment 571 #
Proposal for a regulation
Article 33 – paragraph 3 – point b
Article 33 – paragraph 3 – point b
(b) requirements for the authorisation referred to in paragraph 1, further to the requirements set out in that paragraph;
Amendment 572 #
Proposal for a regulation
Article 33 – paragraph 3 – point c
Article 33 – paragraph 3 – point c
(c) requirements for the packages and containers of a preservation mixturemixtures of Annex I andnon-Annex species;
Amendment 573 #
Proposal for a regulation
Article 33 – paragraph 3 – point d
Article 33 – paragraph 3 – point d
(d) labelling requirements for preservation mixturmixtures of Annex I and non-Annex species;
Amendment 574 #
Proposal for a regulation
Article 33 – paragraph 3 – point e
Article 33 – paragraph 3 – point e
Amendment 575 #
Proposal for a regulation
Article 33 – paragraph 3 – point f
Article 33 – paragraph 3 – point f
Amendment 576 #
Proposal for a regulation
Article 33 – paragraph 3 – point g
Article 33 – paragraph 3 – point g
Amendment 583 #
Proposal for a regulation
Article 34 – paragraph 3 – point a
Article 34 – paragraph 3 – point a
(a) a brief description of the proposed tests and trials;
Amendment 584 #
Proposal for a regulation
Article 34 – paragraph 3 – point b
Article 34 – paragraph 3 – point b
Amendment 585 #
Proposal for a regulation
Article 34 – paragraph 3 – point c
Article 34 – paragraph 3 – point c
Amendment 586 #
Proposal for a regulation
Article 34 – paragraph 3 – point e
Article 34 – paragraph 3 – point e
Amendment 587 #
Proposal for a regulation
Article 34 – paragraph 4
Article 34 – paragraph 4
4. The Member States whose competent authorities have granted the authorisation referred to in paragraph 1 shall inform thereof the other Member States, the Commission andreport annually on these authorisations and the information submitted pursuant to paragraph 3, to the European Agency for Plant Varieties (hereinafter: ‘the Agency’).
Amendment 588 #
Proposal for a regulation
Article 34 – paragraph 6 – point b a (new)
Article 34 – paragraph 6 – point b a (new)
(ba) the quality requirements for plant reproductive material marketed under these provisions.
Amendment 592 #
Proposal for a regulation
Article 36
Article 36
Amendment 599 #
Proposal for a regulation
Article 36 – paragraph 1 – point a
Article 36 – paragraph 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;
Amendment 651 #
Proposal for a regulation
Article 37 – paragraph 1 – subparagraph 1
Article 37 – paragraph 1 – subparagraph 1
1. In order to remove temporary difficulties in the general supply of plant reproductive material that may occur in a Member State, the competent authority of the Member State concerned may authorise the making available on the market of seed with a reduced germination rate, provided that such rate is reduced by less than 5% compared to the germination rate required pursuant to Article 16(2).
Amendment 653 #
Proposal for a regulation
Article 37 – paragraph 1 – subparagraph 1
Article 37 – paragraph 1 – subparagraph 1
1. In order to remove temporary difficulties in the general supply of plant reproductive material that may occur in a Member State, the competent authority of the Member State concerned may authorise the making available on the market of seed with a reduced germination rate, provided that such rate is reduced by less than 510% compared to the germination rate required pursuant to Article 16(2).
Amendment 655 #
Proposal for a regulation
Article 37 – paragraph 4 a (new)
Article 37 – paragraph 4 a (new)
Amendment 657 #
Proposal for a regulation
Article 38 – paragraph 1 – point b
Article 38 – paragraph 1 – point b
(b) the plant reproductive material is identified as not finally certified material pursuant to Article 19; and
Amendment 658 #
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
2. Plant reproductive material referred to in paragraph 1 may be made available on the market only once from one professional operator to another, without being further transferred to any other personby the operator who is authorised according to Article 23 or under the official supervision of the Competent Authority.
Amendment 659 #
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
2. Plant reproductive material referred to in paragraph 1 may be made available on the market only once from onebetween professional operator to another, without being further transferred to any other persons.
Amendment 661 #
Proposal for a regulation
Article 38 – paragraph 3
Article 38 – paragraph 3
Amendment 663 #
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. Competent authorities may authorise the makingProfessional operators may make available on the market of seeds for a specific period of time, as pre- basic, basic or certified material, without the germination requirements established pursuant to Article 16(2) having been yet confirmed, if this is considered necessary to make seed rapidly available on the market.
Amendment 664 #
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. Competent authorities may authorise the making available on the market of seeds for a specific period of time, as pre-basic, basic or certified material, without the germination requirements established pursuant to Article 16(2) having been yet confirmed, if this is considered necessary to make seed rapidly available on the market.
Amendment 665 #
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. Seed referred to in paragraph 1 may be made available on the market only once, from one the basis of a profesvisional operator to another, without being further transferred to any other person, on the basis of a provisional analytical report concerning germinationanalytical report concerning germination or on the basis of a test for seed viability which makes a germination test unnecessary.
Amendment 666 #
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. Seed referred to in paragraph 1 may be made available on the market only once, from one professional operator to another, without being further transferred to any other person, on the basis of a provisional analytical report concerning germination.
Amendment 668 #
Proposal for a regulation
Article 39 – paragraph 3 – point b
Article 39 – paragraph 3 – point b
(b) the duration of period in which such seed may be made available on the marketests for seed viability; and
Amendment 694 #
Proposal for a regulation
Article 47
Article 47
This Title shall apply to the production and making available on the market of plant reproductive material: a) belonging to genera and species other than the ones listed in Annex I; b) belonging to species listed in Annex I and marketed in small quantities to non- professional end users; c) belonging to species listed in Annex I but marketed solely for ornamental use.
Amendment 701 #
Proposal for a regulation
Article 48 – paragraph 2
Article 48 – paragraph 2
Amendment 704 #
Proposal for a regulation
Article 48 – paragraph 3
Article 48 – paragraph 3
Amendment 711 #
Proposal for a regulation
Article 50 – paragraph 1 – point c
Article 50 – paragraph 1 – point c
(c) the variety has been entered in any other public or private list with an official or officially recognised description and a denominprofessional operator making material available on the market provides sufficient assurance of the identity and denomination of the variety through information provided on any other public or private list and traceability of preceding cycles of multiplication.;
Amendment 713 #
Proposal for a regulation
Article 50 – paragraph 1 – point c a (new)
Article 50 – paragraph 1 – point c a (new)
c a) the variety can be shown to be commonly known to consumers from information available in the public domain.
Amendment 719 #
Proposal for a regulation
Article 50 – paragraph 2 – subparagraph 2
Article 50 – paragraph 2 – subparagraph 2
Where the variety is not protected by a plant variety right or registered pursuant to Title IV, as referred to in points (a) and (b) of paragraph 1, but has been entered in a public or private list with an official or officially recognised description and a denomination as referred to in points (b) and (c) of that paragraph, the professional operator may request the advice of the Agency concerning the suitability of the denomination pursuant to the provisions of Article 64. Following that request, the Agency shall submit to the applicant a recommendation on the suitability of the variety denomination, as requested by the applicant, taking into account the requirements set out in Article 64.
Amendment 769 #
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 have a satisfactory value for cultivation and/or use pursuant to Article 58;
Amendment 776 #
Proposal for a regulation
Article 56 – paragraph 4 – point b
Article 56 – paragraph 4 – point b
(b) they do not belong to genera or species with particular importance for the satisfactory development of agriculture in the Union, as referred to in paragraph 5;
Amendment 807 #
Proposal for a regulation
Article 57 – paragraph 1 – point b a (new)
Article 57 – paragraph 1 – point b a (new)
(ba) in case the variety has been newly bred, it is of a species or type developed for specialised markets such as for organic production.
Amendment 811 #
Proposal for a regulation
Article 57 – paragraph 1 – point b b (new)
Article 57 – paragraph 1 – point b b (new)
(bb) in case it is a niche market variety as defined in Article 36.
Amendment 823 #
Proposal for a regulation
Article 57 – paragraph 2 – point a
Article 57 – paragraph 2 – point a
Amendment 843 #
Proposal for a regulation
Article 58 – paragraph 1
Article 58 – paragraph 1
1. For the purpose of paragraph 2(b) of Article 56, varieties shall be deemed to have a satisfactory value for cultivation and/or use if, compared to other varieties examined under similar agro-climatic conditions and similar production systems, their characteristics, taken as a whole, offer, at least as far as production in any region is concerned, a clear improvement either for cultivation in general or for the specific uses which can be made of the crops or the products derived therefrom.
Amendment 856 #
Proposal for a regulation
Article 60 – paragraph 2 – point a
Article 60 – paragraph 2 – point a
(a) that variety is included in a nationn official variety register or in a Union variety registerny country;
Amendment 857 #
Proposal for a regulation
Article 60 – paragraph 2 – point b
Article 60 – paragraph 2 – point b
(b) an application has been filed for registration of that variety in a nationn official variety register pursuant to Article 66, or in the Union variety register pursuant to Article 95(1), o, or for the granting of a plant variety right in respect of that variety in any country, as long as the application entails entrance into the official variety register for the granting of a plant variety right in respect of that variety in the Union;
Amendment 867 #
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). For those species not subject to the requirements of Article 56(2)(b) and Article 56 for value for cultivation or use, a variety granted a plant variety right shall be added directly to the national or Union register as appropriate under Articles 51 and 52.
Amendment 870 #
Proposal for a regulation
Article 64 – paragraph 1 – introductory part
Article 64 – paragraph 1 – introductory part
1. For the purposes of point (a) of Article 56(1), the denomination of a variety shall not be deemed suitable if:comply with Article 63 of Regulation 2100/94 and the CPVO Guidelines on variety denomination.
Amendment 873 #
Proposal for a regulation
Article 64 – paragraph 1 – point a
Article 64 – paragraph 1 – point a
Amendment 874 #
Proposal for a regulation
Article 64 – paragraph 1 – point b
Article 64 – paragraph 1 – point b
Amendment 876 #
Proposal for a regulation
Article 64 – paragraph 1 – point c
Article 64 – paragraph 1 – point c
Amendment 880 #
Proposal for a regulation
Article 64 – paragraph 1 – point d
Article 64 – paragraph 1 – point d
Amendment 881 #
Proposal for a regulation
Article 64 – paragraph 1 – point e
Article 64 – paragraph 1 – point e
Amendment 884 #
Proposal for a regulation
Article 64 – paragraph 1 – point f
Article 64 – paragraph 1 – point f
Amendment 889 #
Proposal for a regulation
Article 64 – paragraph 4
Article 64 – paragraph 4
Amendment 900 #
Proposal for a regulation
Article 66 – paragraph 2
Article 66 – paragraph 2
2. The application referred to in paragraph 1 shall be submitted in writing. That submission may take place or electronically.
Amendment 901 #
Proposal for a regulation
Article 66 – paragraph 2 a (new)
Article 66 – paragraph 2 a (new)
2a. The application referred to in paragraph 1 may be made after completion of the technical examination referred to in Article 71 and examination of the denomination referred to in Article 78.
Amendment 932 #
Proposal for a regulation
Article 71 – paragraph 1
Article 71 – paragraph 1
1. Where, as a result of the formal examination, the application is found to comply with the content requirements referred to in Article 67 and the format adopted pursuant to Article 68, a technical examination of the variety shall be carried out for the purpose of establishing an official description.
Amendment 934 #
Proposal for a regulation
Article 71 – paragraph 2 – introductory part
Article 71 – paragraph 2 – introductory part
2. The technical examination referred to in paragraph 1 shall verifyassess:
Amendment 937 #
Proposal for a regulation
Article 71 – paragraph 3 – subparagraph 1
Article 71 – paragraph 3 – subparagraph 1
The technical examination referred to in paragraph 1 shall be carried out by or on behalf of the competent authorities in accordance with the requirements referred to in Article 74.
Amendment 939 #
Proposal for a regulation
Article 71 – paragraph 3 – subparagraph 2
Article 71 – paragraph 3 – subparagraph 2
Amendment 941 #
Proposal for a regulation
Article 71 – paragraph 4
Article 71 – paragraph 4
4. In case an official description of the variety, producWhere a DUS result has been accepted by the Agency or aother competent authority, is already available, the competent authority shall decide thatnot require the technical examination referred todescribed in paragraph 1 is not necessary2(a).
Amendment 943 #
Proposal for a regulation
Article 71 – paragraph 5
Article 71 – paragraph 5
5. By way of derogation from paragraph 4, the competent authority may decide that the technical examination referred to in paragraph 12 (b) is necessary in the case of a variety the registration of which is requested pursuant to point (b) Article 57(1).
Amendment 954 #
Proposal for a regulation
Article 73 – paragraph 1
Article 73 – paragraph 1
1. The applicant, or other legal person acting on their behalf, 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. Technical examination by the applicant shall be carried out in particular premises, which are dedicated to this purpose.
Amendment 957 #
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 delegated body shall audit the premises and the organisation of the applicant or legal person acting on behalf of the applicant. That audit shall verify whether the premises and organisation are suitable for carrying out the technical examination as regards:
Amendment 959 #
Proposal for a regulation
Article 73 – paragraph 2 – point a
Article 73 – paragraph 2 – point a
(a) compliance with the requirements for distinctiveness, uniformity and stability referred to in Articles 60, 61 and 62; andor
Amendment 960 #
Proposal for a regulation
Article 73 – paragraph 3
Article 73 – paragraph 3
Amendment 963 #
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 may recommend to the applicant, if appropriate, actions to ensure the suitability of the applicant's premises and organisation of the applicant or legal person acting on behalf of the applicant.
Amendment 966 #
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 may carry out additional audits and, where applicable, recommend to the applicant or legal person acting on behalf of the applicant, within a specific period of time, corrective actions concerning the applicant's premises and the organisation.
Amendment 969 #
Proposal for a regulation
Article 73 – paragraph 5 – subparagraph 2
Article 73 – paragraph 5 – subparagraph 2
In case the competent authority concludes that the applicant's premises and organisation are not suitable, it may revoke or modify the authorisation referred to in paragraph 1.
Amendment 972 #
Proposal for a regulation
Article 74 – paragraph 1 – subparagraph 1 – point d
Article 74 – paragraph 1 – subparagraph 1 – point d
(d) the establishment of quality management systems, including record of activities and protocols orCommunity Plant Variety Office (CPVO) protocols or International Union for the Protection of New Varieties of Plants (UPOV) guidelines, to be used for the technical examination;
Amendment 976 #
Proposal for a regulation
Article 76 – title
Article 76 – title
Amendment 977 #
Proposal for a regulation
Article 76 – paragraph 1
Article 76 – paragraph 1
Amendment 978 #
Proposal for a regulation
Article 76 – paragraph 2
Article 76 – paragraph 2
Amendment 980 #
Proposal for a regulation
Article 76 – paragraph 3
Article 76 – paragraph 3
Amendment 981 #
Proposal for a regulation
Article 77 – paragraph 1
Article 77 – paragraph 1
1. After having given the applicant an opportunity to comment on the provisional examination report and the provisional offOn completion of technicial descripexamination, the competent authority shall establish a final examination report and a final official description.
Amendment 982 #
Proposal for a regulation
Article 77 – paragraph 1 a (new)
Article 77 – paragraph 1 a (new)
1a. Applicants shall be given the opportunity to visit sites where the technical examination is carried out, to be given the results of the examination, provide additional information, and discuss the results with the competent authority.
Amendment 1003 #
Proposal for a regulation
Article 85
Article 85