43 Amendments of Maria NOICHL related to 2023/0227(COD)
Amendment 163 #
Proposal for a regulation
Article 2 – paragraph 4 – point e a (new)
Article 2 – paragraph 4 – point e a (new)
(e a) PRM, transferred or sold by small seed producers (natural persons, smallholder farmers or micro enterprises). This PRM (i) is produced on farm for the purpose of the conservation and sustainable use of plant genetic resources and agro biodiversity, and (ii) is no F1 hybrid, and (iii) does not consist of a GMO or a category 1 NGT plant as defined in Article 3(7) of Regulation (EU) or of a category 2 NGT plant as defined in Article 3(8) of Regu- lation (EU) …/… (Office of Publications, please insert reference to NGT Regula- tion ...), and (iv) cannot be subject, as a whole or in genetic components, to intellectual property rights that limit their use for conservation, research, breeding, education, includ- ing on farm by a farmer who uses the PRM grown on the farm, of this variety for these objectives, (v) has no intrinsic value for commercial production and is marketed in small pack- ages.
Amendment 171 #
Proposal for a regulation
Article 2 – paragraph 4 – point e b (new)
Article 2 – paragraph 4 – point e b (new)
(e b) PRM, transferred or sold by genebanks, organisations and networks outside of commercial activities for the purpose of the conservation and sustainable use of plant genetic resources and agro biodiversity;
Amendment 173 #
Proposal for a regulation
Article 2 – paragraph 4 – point e c (new)
Article 2 – paragraph 4 – point e c (new)
(e c) where it would restrict rights that are defined by the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) or the United Nations Declara- tion on the Rights of Peasants and Other People Living in Rural Areas (UNDROP);
Amendment 174 #
Proposal for a regulation
Article 2 – paragraph 4 – point e d (new)
Article 2 – paragraph 4 – point e d (new)
(e d) Wild plant seeds, including commercially marketed seeds, which are largely used for renaturation purposes.
Amendment 180 #
Proposal for a regulation
Article 3 – paragraph 1 – point 2 – introductory part
Article 3 – paragraph 1 – point 2 – introductory part
(2) ‘professional operator’ means any natural or legal person, involved professionally in one or more of the following activities in the Union concerning PRM aimed at professional agricultural production:
Amendment 249 #
Proposal for a regulation
Article 3 – paragraph 1 – point 29 – point a
Article 3 – paragraph 1 – point 29 – point a
(a) traditionally grown or locally newly bred under specific local conditions in the Union, and adapted to those conditionsnewly emerged or bred with low market significance ; and
Amendment 252 #
Proposal for a regulation
Article 3 – paragraph 1 – point 29 – point b
Article 3 – paragraph 1 – point 29 – point b
(b) characterised by a high level of genetic and phenotypical diversity between individual reproductive units;in case of generative multiplication , due to their genetic variation, can adapt to local circumstances during the growing season, as well as, when sown in the same region where the seed was produced, and
Amendment 256 #
Proposal for a regulation
Article 3 – paragraph 1 – point 29 – point b a (new)
Article 3 – paragraph 1 – point 29 – point b a (new)
(b a) not complying with the levels of homogeneity and stability necessary for DUS variety registration; and
Amendment 257 #
Proposal for a regulation
Article 3 – paragraph 1 – point 29 – point b b (new)
Article 3 – paragraph 1 – point 29 – point b b (new)
(b b) not consisting of a GMO or a category 1 NGT plant as defined in Article 3(7) of Regulation (EU) or of a category 2 NGT plant as defined in Article 3(8) of Regulation (EU) …/… (Office of Publications, please insert reference to NGT Regulation ...); and
Amendment 258 #
Proposal for a regulation
Article 3 – paragraph 1 – point 29 – point b c (new)
Article 3 – paragraph 1 – point 29 – point b c (new)
(b c) not subject, as a whole or in genetic components, to intellectual property rights that limit their use for conservation, research, breeding, education, including on farm by a farmer who uses the PRM grown on the farm, of this variety for these objectives;
Amendment 275 #
Proposal for a regulation
Article 3 – paragraph 1 – point 35 a (new)
Article 3 – paragraph 1 – point 35 a (new)
(35 a) ‘F1 Hybrid variety’ means a hybrid variety that does not reproduce true to type in further generations;
Amendment 386 #
Proposal for a regulation
Article 17 – paragraph 4 – subparagraph 1 – point a
Article 17 – paragraph 4 – subparagraph 1 – point a
(a) the official label referred to in Article 15(1), including a mandatory reference to any intellectual property rights covering the variety, its components, characteristics and development process, including where applicable the number of any relevant patent(s), as well as an indication if the variety is an F1 hybrid;
Amendment 389 #
Proposal for a regulation
Article 17 – paragraph 4 – subparagraph 1 – point b
Article 17 – paragraph 4 – subparagraph 1 – point b
(b) the operator’s label referred to in Article 16 including a mandatory reference to any intellectual property rights covering the variety, its components, characteristics and development process, including where applicable the number of any relevant patent(s), as well as an indication if the variety is an F1 hybrid;
Amendment 460 #
Proposal for a regulation
Article 29 – title
Article 29 – title
PRM marketed toby, to, within and between gene banks, organisations and networks
Amendment 464 #
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1
Article 29 – paragraph 1 – subparagraph 1
By way of derogation from Articles 5 to 25, PRM may be marketed to,by, to, within or between, gene banks, organisations and networks with a statutory objective, or an objective official notified to the competent authority, to conserve plant genetic resources, whereby any of the activities are carried out for non-profit purposes.
Amendment 467 #
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 2
Article 29 – paragraph 1 – subparagraph 2
Amendment 471 #
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 3 – introductory part
Article 29 – paragraph 1 – subparagraph 3 – introductory part
Amendment 475 #
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 3 – point b
Article 29 – paragraph 1 – subparagraph 3 – point b
Amendment 480 #
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 3 – point c
Article 29 – paragraph 1 – subparagraph 3 – point c
Amendment 482 #
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
Amendment 487 #
Proposal for a regulation
Article 30 – title
Article 30 – title
Amendment 489 #
Proposal for a regulation
Article 30 – paragraph 1 – introductory part
Article 30 – paragraph 1 – introductory part
1. By way of derogation from Articles 5 - 25, farmers may exchange seedsPRM in kind, if such seeds fulfill all of the following condi as well as for monetary compensations:.
Amendment 494 #
Proposal for a regulation
Article 30 – paragraph 1 – point 1
Article 30 – paragraph 1 – point 1
Amendment 495 #
Proposal for a regulation
Article 30 – paragraph 1 – point 2
Article 30 – paragraph 1 – point 2
Amendment 499 #
Proposal for a regulation
Article 30 – paragraph 1 – point 3
Article 30 – paragraph 1 – point 3
Amendment 503 #
Proposal for a regulation
Article 30 – paragraph 1 – point 4
Article 30 – paragraph 1 – point 4
Amendment 511 #
Proposal for a regulation
Article 30 – paragraph 2 – introductory part
Article 30 – paragraph 2 – introductory part
2. Such seedsPRM shall fulfil all of the following requirements:
Amendment 513 #
Proposal for a regulation
Article 30 – paragraph 2 – point a a (new)
Article 30 – paragraph 2 – point a a (new)
(aa) be produced in the respective farmer's own premises;
Amendment 515 #
Proposal for a regulation
Article 30 – paragraph 2 – point b
Article 30 – paragraph 2 – point b
Amendment 519 #
Proposal for a regulation
Article 30 – paragraph 2 – point c
Article 30 – paragraph 2 – point c
Amendment 524 #
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
Amendment 566 #
Proposal for a regulation
Article 41 – paragraph 1 – introductory part
Article 41 – paragraph 1 – introductory part
Professional operators, which produce PRMare not micro-enterprises, which produce PRM with the aim of commercial exploitation, shall:
Amendment 574 #
Proposal for a regulation
Article 42 – paragraph 3 a (new)
Article 42 – paragraph 3 a (new)
3a. Micro-enterprises are exempt from the obligations in paragraphs 1-3.
Amendment 580 #
Proposal for a regulation
Article 46 – paragraph 2
Article 46 – paragraph 2
2. The Commission is empowered to adopt a delegated act in accordance with Article 75, in order to amend Annex VII only to further add elements that need to be included in the variety registers, taking into account the technical and scientific developments, and on the basis of gained experience indicating the need of competent authorities or professional operators to obtain more precise information about the registered varieties.
Amendment 591 #
Proposal for a regulation
Article 47 – paragraph 1 – subparagraph 1 – point f
Article 47 – paragraph 1 – subparagraph 1 – point f
(f) where the varieties are tolerant to herbicides, they are subject to cultivation conditions for the production of PRM and for any other purpose, adopted pursuant to paragraph 3 or, in the case they have not been adopted, as adopted by the competent authorities responsible for registrationof all of the Member States in which the variety will be marketed, to avoid the development of herbicide resistance in weeds due to their use. The competent authority will conduct a public consultation to identify the most effective conditions;
Amendment 596 #
Proposal for a regulation
Article 47 – paragraph 1 – subparagraph 1 – point g
Article 47 – paragraph 1 – subparagraph 1 – point g
(g) where the varieties have particular characteristics other than the ones referred to in point (f) that may lead to undesirable agronomic effects, they are subject to cultivation conditions for the production of PRM and any other purpose, adopted pursuant to paragraph 3 or, in the case they have not been adopted, as adopted by the competent authorities responsible for their registrationof all the Member States in which the variety will be marketed, to avoid those particular undesirable agronomic effects, such as the development of resistance of pests to the respective varieties or undesirable effects on pollinators. The competent authority will conduct a public consultation to identify the most effective conditions.
Amendment 598 #
Proposal for a regulation
Article 47 – paragraph 1 – subparagraph 1 – point g a (new)
Article 47 – paragraph 1 – subparagraph 1 – point g a (new)
(ga) any Member State may, upon an application, which shall be dealt with under the procedure referred to in Article 76, be authorised to prohibit the use of the variety in all or in part of its territory or to lay down appropriate conditions for cultivating the variety consisting of a GMO or a category 1 NGT plant as defined in Article 3(7) of Regulation (EU) or of a category 2 NGT plant as defined in Article 3(8) of Regulation (EU) …/… (Office of Publications, please insert reference to NGT Regulation ...), where it is established that the cultivation of the variety could be harmful from the point of view of plant health to the cultivation of other varieties or species; or where it has valid reasons other for considering that the cultivation of the variety in their territory presents a risk for human health or the environment;
Amendment 652 #
Proposal for a regulation
Article 56 – paragraph 1 – point o
Article 56 – paragraph 1 – point o
(o) the intended use or conditions of cultivation, if applicable pursuant to Article 47(2), of the variety.in case the variety is tolerant to herbicides pursuant to Article 47(1)(f) or has particular characteristics that may lead to undesirable agronomic effects pursuant to Article(1)(g), indication of that fact;
Amendment 653 #
Proposal for a regulation
Article 56 – paragraph 1 – point o a (new)
Article 56 – paragraph 1 – point o a (new)
(oa) the breeding methods used for the development of the variety, including but not limited to an indication if the variety is a F1 hybrid;
Amendment 656 #
Proposal for a regulation
Article 56 – paragraph 1 – point o b (new)
Article 56 – paragraph 1 – point o b (new)
(ob) the existence of any intellectual property rights covering the variety, its components, characteristics and development process, including where applicable the number of any relevant patent(s).
Amendment 659 #
Proposal for a regulation
Article 56 – paragraph 2
Article 56 – paragraph 2
2. The application for registration of a variety in a national variety register shall be accompanied by a sample to be used for the examination of that variety. The competent authority of the respective Member State shall set a deadline for the submission of that sample and specify its quality and quantity. If the information pursuant to paragraph 1(j), (l), (m), (n), (o), (p) and (q) is omitted, the competent authority shall reject or, where applicable, withdraw the registration of the variety.
Amendment 784 #
Proposal for a regulation
Annex VII – paragraph 1 – point j a (new)
Annex VII – paragraph 1 – point j a (new)
(ja) where applicable the respective intellectual property rights covering the variety, its components, characteristics and development process, including where applicable the number of any relevant patent(s);
Amendment 785 #
Proposal for a regulation
Annex VII – paragraph 1 – point j b (new)
Annex VII – paragraph 1 – point j b (new)
(jb) a description of the breeding methods used to develop the variety,