40 Amendments of Eric ANDRIEU related to 2013/0137(COD)
Amendment 125 #
Proposal for a regulation
Recital 27
Recital 27
(27) Plant reproductive material which is made available on the market only in limited quantities by small producersand is in the public domain (“niche market plant reproductive material”) should be exempted from the requirement of belonging to a registered variety. That derogation is necessary to prevent undue constraints to the making available on the market of plant reproductive material, which is of lesser commercial interest, but is important for the maintenance of genetic diversity. However, it should be ensured that that derogation is not regularly used by a wide range of professional operators and it is only used by professional operators which cannot afford the costs and administrative burden of variety registration. This is important to avoid abuses of that derogation and to ensure the application of the rules of this Regulation. Therefore, niche market material should only be made available on the market by professional operators employing a small number of persons and with a small annual turnover.
Amendment 132 #
Proposal for a regulation
Recital 43
Recital 43
(43) In order to facilitate the registration of varieties which serve at combating genetic erosion in the Union, Member States should apply a reducednot charge any fees for varieties with officially recognised description and for in the public domain, whetherogeneous material. Such reduced fees should be sufficiently low as not to constitute a deterrent or a b they are varrier to the making available on the market of those vaties with an officially recognised descriepties. In order to provide support to micon or hetero-genterprises, they should be fully exempted from the payment of feeseous material.
Amendment 168 #
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) intended solely for testing or scientific purposesobtained through open pollination and which is in the public domain;
Amendment 169 #
Proposal for a regulation
Article 2 – paragraph 1 – point a a (new)
Article 2 – paragraph 1 – point a a (new)
(aa) which is forest reproductive material;
Amendment 230 #
Proposal for a regulation
Article 3 – point 5
Article 3 – 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, whether free of charge or notith a view to the commercial exploitation of the plant reproductive material in question;
Amendment 267 #
Proposal for a regulation
Article 3 – paragraph 1 – point 10 c (new)
Article 3 – paragraph 1 – point 10 c (new)
(10c) ‘material or variety in the public domain’ means plant reproductive material which is not protected by any type of intellectual property right.
Amendment 302 #
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 retailto non-professional users.
Amendment 317 #
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Amendment 329 #
Proposal for a regulation
Article 10 – point 4 a (new)
Article 10 – point 4 a (new)
(4a) ‘heterogeneous material’ means material resulting from the crossing of two or more varieties, strains or other identified material and having common characteristics;
Amendment 350 #
Proposal for a regulation
Article 10 – point 10 a (new)
Article 10 – point 10 a (new)
(10a) ‘material or variety in the public domain’ means plant reproductive material which is not protected by any type of intellectual property right.
Amendment 403 #
Proposal for a regulation
Article 12 – paragraph 4 – point b
Article 12 – paragraph 4 – point b
(b) it is heterogeneous material in the meaning of Article 14(35a (new);
Amendment 431 #
Proposal for a regulation
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2a. By way of derogation from paragraph 1 of this Article, varieties intended exclusively for export or re-export outside the Union shall be exempt from the registration requirement referred to in paragraph 1.
Amendment 435 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
Amendment 451 #
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 2 – point e
Article 14 – paragraph 3 – subparagraph 2 – point e
Amendment 460 #
Proposal for a regulation
Article 14 a (new)
Article 14 a (new)
Amendment 490 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Packages and containers shall be closed in such a way that they cannot be opened without damaging the closure and, in the case of packaging, without the packaging showing signs of tampering. These provisions shall not apply to the following plant reproductive material: (a) niche market plant reproductive material; (b) heterogeneous material; (c) varieties provided with an officially recognised description.
Amendment 598 #
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 617 #
Proposal for a regulation
Article 36 – paragraph 1 – point a a (new)
Article 36 – paragraph 1 – point a a (new)
(aa) it is in the public domain;
Amendment 644 #
Proposal for a regulation
Article 36 – paragraph 3 – point c
Article 36 – paragraph 3 – point c
Amendment 678 #
Proposal for a regulation
Article 43
Article 43
Plant reproductive material produced and made available on the market as pre- basic, basic or certified material, as referred to in Article 19(1), may be imported from third countries only if it is established, pursuant to Article 44, that it fulfils requirements equivalent to those applicable to plant reproductive material produced and made available on the market in the Union.
Amendment 689 #
Proposal for a regulation
Article 46 – paragraph 3
Article 46 – paragraph 3
3. Where the export of plant reproductive material to a third country is neither governed by an agreement with a third country nor by the rules of the third country into which that plant reproductive material is to be exported, it shall meet the requirements for production and making available on the market of plant reproductive material within the Union territory, as set out in Articles 13 to 42, shall applyof commercial agreements concluded between the operators concerned with respect to the quality of the material.
Amendment 774 #
Proposal for a regulation
Article 56 – paragraph 3 – introductory part
Article 56 – paragraph 3 – introductory part
3. The requirements set out in paragraph 2(b) and (c) shall not apply to the following varietiesplant reproduction material:
Amendment 775 #
Proposal for a regulation
Article 56 – paragraph 3 – point a a (new)
Article 56 – paragraph 3 – point a a (new)
(aa) heterogeneous material;
Amendment 783 #
Proposal for a regulation
Article 56 – paragraph 5
Article 56 – paragraph 5
5. The Commission shall be empowered to adopt delegated acts, in accordance with Article 140, listing the genera or species with particular importance for the satisfactory development of agriculture in the Union. Those genera or species shall be listed in accordance with the criteria set out in Part A ofgenera or species whose varieties are required to have a value for cultivation and/or use in order to be registered shall be listed in Annex IVb.
Amendment 788 #
Proposal for a regulation
Article 56 – paragraph 6
Article 56 – paragraph 6
6. The Commission shall be empowered to adopt delegated acts, in accordance with Article 140, listing the genera or species with particular importance for the sustainable development of agriculture in the Union. Those genera or species shall be listed in accordance with the criteria set out in Part B of Annex IVamending Annex Ib in order to bring it into line with developments in technical knowledge, scientific knowledge and economic data.
Amendment 820 #
Proposal for a regulation
Article 57 – paragraph 2 – point a
Article 57 – paragraph 2 – point a
Amendment 827 #
Proposal for a regulation
Article 57 – paragraph 3
Article 57 – paragraph 3
Amendment 833 #
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; andor
Amendment 836 #
Proposal for a regulation
Article 57 – paragraph 4 – point b
Article 57 – paragraph 4 – point b
(b) its accuracy is support is based byon the results of previous official inspections or unofficial examinations or on knowledge gained from practical experience during cultivation, reproduction and use.
Amendment 858 #
Proposal for a regulation
Article 60 – paragraph 2 – point c a (new)
Article 60 – paragraph 2 – point c a (new)
(ca) the variety is in a reference collection or a precise description of it is available in a publication.
Amendment 885 #
Proposal for a regulation
Article 64 – paragraph 1 – point f
Article 64 – paragraph 1 – point f
(f) it is liable to mislead or to cause confusion concerning the characteristics, the value or the identity of the variety, or the identity of the breeder. In particular, it must be different from any denomination designating, in any of the Union’s Member States, a pre-existing variety of the same or a closely related botanical species.
Amendment 958 #
Proposal for a regulation
Article 73 – paragraph 2 – point a
Article 73 – paragraph 2 – point a
Amendment 993 #
Proposal for a regulation
Article 82 – paragraph 1
Article 82 – paragraph 1
1. The validity period of the registration of a variety in a national variety register shall be 310 years.
Amendment 995 #
Proposal for a regulation
Article 83 – paragraph 1
Article 83 – paragraph 1
1. The registration of a variety in a national variety register may be renewed for further periods of 30five years, in accordance with the procedure and the conditions laid down in Article 84.
Amendment 1013 #
Proposal for a regulation
Article 86 – paragraph 4
Article 86 – paragraph 4
Amendment 1026 #
Proposal for a regulation
Article 88 – paragraph 1
Article 88 – paragraph 1
1. In the case of varieties provided with an officially recognised description, no fees shall be charged for the actions referred to in point (e) of Article 87(1).
Amendment 1028 #
Proposal for a regulation
Article 88 – paragraph 2
Article 88 – paragraph 2
Amendment 1034 #
Proposal for a regulation
Article 89 – paragraph 2
Article 89 – paragraph 2
2. Applicants employing fewer than 10 persons and whose annual turnover or annual balance sheet total does not exceed EUR 2 million shall be exempted from the payment of the fees provided for in Article 87 and Article 88The payment of fees shall not be required for the registration of varieties in the public domain.
Amendment 1086 #
Proposal for a regulation
Article 97 – paragraph 2 a (new)
Article 97 – paragraph 2 a (new)
Amendment 1134 #
Proposal for a regulation
Article 136 – paragraph 2
Article 136 – paragraph 2
2. Applicants employing fewer than 10 persons and whose annual turnover or annual balance sheet total does not exceed EUR 2 million shall be exemptThe payment of fees shall not be required forom the payment of the fees provided for in Article 135(1)registration of forest material in the public domain.