Activities of Luke Ming FLANAGAN related to 2023/0227(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on the production and marketing of plant reproductive material in the Union, amending Regulations (EU) 2016/2031, 2017/625 and 2018/848 of the European Parliament and of the Council, and repealing Council Directives 66/401/EEC, 66/402/EEC, 68/193/EEC, 2002/53/EC, 2002/54/EC, 2002/55/EC, 2002/56/EC, 2002/57/EC, 2008/72/EC and 2008/90/EC (Regulation on plant reproductive material)
Amendments (61)
Amendment 63 #
Proposal for a regulation
Recital 4
Recital 4
(4) PRM constitutes the starting material for plant production in the Union. Therefore, it is critical for the production of raw material for food and feed purposes and for the efficient use of plant resources. It contributes to environmental protection and the quality of the food chain and food supply in the Union as a whole. In this regard, the availability, high quality and diversity of PRMe sources PRM including locally adapted varieties that can have the benefit of having a higher tolerance to local environmental conditions appears to be of outmost importance to achieve the transition to sustainable food systems called for in the Farm to Fork Strategy36 , agriculture, horticulture, environmental protection, climate change mitigation and adaptation, food and feed security, and the economy in general. _________________ 36 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions, A Farm to Fork Strategy for a fair, healthy and environmentally-friendly food system (COM(2020) 381 final).
Amendment 73 #
Proposal for a regulation
Recital 13
Recital 13
(13) This Regulation should not cover PRM sold or transferred in any other way, whether free of charge or not, between any persons for their own private use and outside their traduse. It would be disproportionate to set out rules for such use of PRM, as this kind of transfer is usually limited to relativerly small amounts, and has no commercial purposes and is restricted to private activities.;
Amendment 84 #
Proposal for a regulation
Recital 31
Recital 31
(31) Control plot tests should be conducted to verify the varietal identity and purity of individual seed lots. Specific rules should be set out concerning those tests on pre-basic, basic, and certified and standard seed, on the basis of the applicable international standards and the experience gained by the application of the PRM marketing Directives.
Amendment 87 #
Proposal for a regulation
Recital 33
Recital 33
(33) In view of those special characteristics of the conservation varieties, and by way of derogation from the established requirements for production and marketing, the production and marketing of PRM belonging to them should be allowed under less stringent requirements. That objective is in line with the principles of the European Green Deal, and in particular, with the principle of protection of the biodiversity, and because such categories of PRM do not have particular harmonised identity and do not compromise the identity and quality of other PRM marketed in the Union. It is thus appropriate to allow for that material to comply with the requirements for standard material for the species concerned. That PRM belonging to conservation varieties should therefore be labelled with the indication ‘Conservation varieties’. Those varieties should also be registered, to enable their control by the competent authorities and guarantee the informed choices for their users and the effectiveness of official controls.;
Amendment 90 #
Proposal for a regulation
Recital 35
Recital 35
(35) Many gene banks, organisations and networks operate in the Union with an objective to conserve plant genetic resources. In order to facilitate their activityis important activity, which is not attractive to commercial operaters as it is not economically significant, it is appropriate to allow that PRM which is marketed to them, or among them, derogates from the established production and marketing requirements, and that instead it complies with less stringent rules.;
Amendment 95 #
Proposal for a regulation
Recital 36
Recital 36
(36) Farmers habitually exchange in kindfor monetary compensation and in kind, relatively small quantities of PRM including seeds in order to carry out dynamic management of their own seed. It is thus appropriate that a derogation from the established requirements is provided for the exchanges of smallthese quantities of seeds between farmers. Such derogation could apply if those seeds do not belong to a variety for which plant variety rights have been granted in accordance with Council Regulation (EU) 2100/94(41 ). Member States should be allowed to define those smallese quantities for specific species per year, in order to ensure that there is no misuse of such derogation impacting the marketing of seeds. while ensuring no misuse of this power that curtails the right of farmers to exchange PRM including seeds as they have done for thousands of years. _________________ 41 Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights (OJ L 227, 1.9.1994, p. 1).
Amendment 97 #
Proposal for a regulation
Recital 39
Recital 39
(39) Union production and marketing of PRM needs to comply with the highest possible standards. Therefore, the import of PRM from third countries should only be allowed if an assessment of their applicable identity and quality standards and certification system establishes that such PRM fulfils requirements equivalent to those applicable to PRM produced and marketed in the Union. Such assessment should be based on a thorough examination of the information provided by the third country and its relevant legislation. It should also be based on the satisfactory outcome of an audit carried out by the Commission in the respective third country, where that audit is considered necessary by the Commission, however the implementation of this regulation should not preculde the importation of small quantities of PRM from third countries for conservation purposed where due to the non commercial nature of the stock the tests to establish the required equivalance in not being carried out.
Amendment 115 #
Proposal for a regulation
Recital 64
Recital 64
Amendment 133 #
Proposal for a regulation
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
(b) to ensure a equalproportionate conditions for the competition of the professional operators across the Union and the functioning of the internal market in PRM that recognizes the differences in scale of operaters in the market palce;
Amendment 138 #
Proposal for a regulation
Article 2 – paragraph 2 – point f a (new)
Article 2 – paragraph 2 – point f a (new)
(f a) to ensure adquate competation in the internal market so that PRM is available to farmers and other final users at a reasonable cost;
Amendment 154 #
Proposal for a regulation
Article 2 – paragraph 4 – point d
Article 2 – paragraph 4 – point d
(d) PRM sold or transferred in any way, whether free of charge or not, between final users for their own private use and outside their commercial activities;
Amendment 161 #
Proposal for a regulation
Article 2 – paragraph 4 – point e
Article 2 – paragraph 4 – point e
(e) PRM used solelysold or transferred in any way, whether free of charge or not, for official testing, breeding, inspections, exhibitions or scientific purposes., including on-farm research;
Amendment 168 #
Proposal for a regulation
Article 2 – paragraph 4 – point e a (new)
Article 2 – paragraph 4 – point e a (new)
(e a) PRM accessed, sold or transferred in any way, whether free of charge or not, for the purpose of the conservation and sustainable use of plant genetic resources and agro-biodiversity;
Amendment 170 #
Proposal for a regulation
Article 2 – paragraph 4 – point e b (new)
Article 2 – paragraph 4 – point e b (new)
(e b) 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 Declaration on the Rights of Peasants and Other People Living in Rural Areas (UNDROP).
Amendment 177 #
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 the commercial exploitation of the PRM by the professional operator;
Amendment 191 #
Proposal for a regulation
Article 3 – paragraph 1 – point 2 – point c
Article 3 – paragraph 1 – point 2 – point c
Amendment 195 #
Proposal for a regulation
Article 3 – paragraph 1 – point 2 – point d
Article 3 – paragraph 1 – point 2 – point d
Amendment 207 #
Proposal for a regulation
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘marketing’ means the following actions conducted by a professional operator: sale, holding, transfer for free, or offering for sale or any other way of transferring or distribution of PRM within, or import into, the Union aimed at the commercial exploitation of the PRM;
Amendment 239 #
Proposal for a regulation
Article 3 – paragraph 1 – point 27 – point d a (new)
Article 3 – paragraph 1 – point 27 – point d a (new)
(d a) 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 Regulation (EU) …/… (Office of Publications, please insert reference to NGT Regulation ...).
Amendment 241 #
Proposal for a regulation
Article 3 – paragraph 1 – point 28
Article 3 – paragraph 1 – point 28
(28) ‘final user’ means any person acquiring, transferring and using PRM for purposes which are outside that person’s principle professional activities;
Amendment 268 #
Proposal for a regulation
Article 3 – paragraph 1 – point 35 a (new)
Article 3 – paragraph 1 – point 35 a (new)
(35 a) ‘conservation and sustainable use of plant genetic resources and agro- biodiversity’ means the preservation of the genetic diversity within and between cultivated plant species, and includes both the in situ dynamic conservation, whether on farm or in garden, the ex situ conservation outside of their natural habitat, and the sustainable use of plant genetic resources and agro-biodiversity in a way and at a rate that does not lead to the long-term decline of biological diversity, thereby maintaining its potential to meet the needs and aspirations of present and future generations.
Amendment 320 #
Proposal for a regulation
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
4 a. Before adopting or supplementing a delegated act under paragraph 4, the Commission shall assess the implementation of the requirements, considering the outcome of their application by competent authorities and small-scale professional operators and their impact on seed production and availability.
Amendment 322 #
Proposal for a regulation
Article 8 – paragraph 5 – subparagraph 1
Article 8 – paragraph 5 – subparagraph 1
Amendment 398 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. PRM belonging to the genera or species as listed in Annex IV may only be produced and marketed as pre-basic, basic or certified seeds or material, except for PRM marketed in accordance with Articles 26 or 27.
Amendment 400 #
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 4
Article 20 – paragraph 2 – subparagraph 4
The delegated act referred to in the first subparagraph shall remove a genus or a species from Annex IV, if one of the conditions set out in the second subparagraph, point (b), points (i) and (ii), is no longer fulfilled, at the request of a Member State, the Commission may authorise the addition or removal of a genus or species listed in Annex IV for the marketing of PRM on its territory. This request shall be based on an assessment including the conditions described in the second paragraph.
Amendment 418 #
Proposal for a regulation
Article 25
Article 25
Amendment 446 #
Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 1 – point a
Article 28 – paragraph 1 – subparagraph 1 – point a
(a) to bear an operator’s label with the denomination of the PRM and the indication ‘Plant reproductive material for final users – not officially certified’ or, in the case of seeds, ‘Seeds for final users – not officially certified’;
Amendment 451 #
Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 2
Article 28 – paragraph 1 – subparagraph 2
Amendment 454 #
Proposal for a regulation
Article 28 – paragraph 2 – subparagraph 1
Article 28 – paragraph 2 – subparagraph 1
Amendment 455 #
Proposal for a regulation
Article 28 – paragraph 2 – subparagraph 2
Article 28 – paragraph 2 – subparagraph 2
Amendment 459 #
Proposal for a regulation
Article 29 – title
Article 29 – title
Article 29 PRM marketed toby, to, within and between gene banks, organisations and networks;
Amendment 462 #
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1
Article 29 – paragraph 1 – subparagraph 1
Amendment 466 #
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 2
Article 29 – paragraph 1 – subparagraph 2
Amendment 470 #
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 3 – introductory part
Article 29 – paragraph 1 – subparagraph 3 – introductory part
Amendment 474 #
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 3 – point b
Article 29 – paragraph 1 – subparagraph 3 – point b
Amendment 479 #
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 3 – point c
Article 29 – paragraph 1 – subparagraph 3 – point c
Amendment 481 #
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
Amendment 486 #
Proposal for a regulation
Article 30 – title
Article 30 – title
Amendment 492 #
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 or for monetary compensation, if such seedsPRM fulfill all of the following conditions:
Amendment 496 #
Proposal for a regulation
Article 30 – paragraph 1 – point 2
Article 30 – paragraph 1 – point 2
(2) in the case of seeds, are derived from the respective farmer’s own harvest;
Amendment 500 #
Proposal for a regulation
Article 30 – paragraph 1 – point 3
Article 30 – paragraph 1 – point 3
(3) in the case of seeds, are not subject to a service contract conducted by the respective farmer with a professional operator performing seed production; and
Amendment 504 #
Proposal for a regulation
Article 30 – paragraph 1 – point 4
Article 30 – paragraph 1 – point 4
(4) in the case of seeds, the seed is used for dynamic management of farmer’s own seed for the purpose of contributing to agro-diversity.
Amendment 510 #
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 517 #
Proposal for a regulation
Article 30 – paragraph 2 – point b
Article 30 – paragraph 2 – point b
(b) to be limited to small quantities, defined by the competent authorities for specific species per year and per farmer, wWithout using commercial intermediaries or public offer of marketing; and, and;
Amendment 523 #
Proposal for a regulation
Article 30 – paragraph 2 – point c
Article 30 – paragraph 2 – point c
(c) to be practically free from quality pests and any defects likely to impact their quality as seeds, and shall have satisfactory germination capacityPRM.
Amendment 525 #
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
Amendment 559 #
Proposal for a regulation
Article 39 – paragraph 1 – subparagraph 2
Article 39 – paragraph 1 – subparagraph 2
Amendment 564 #
Proposal for a regulation
Article 41 – paragraph 1 – introductory part
Article 41 – paragraph 1 – introductory part
Professional operators, which produce PRM, excluding the categories referred to in Article 5 (point a-h) shall:
Amendment 570 #
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
1. Professional operators shall ensure that PRM, excluding the categories referred to in Article 5 (point a-h) is traceable at all stages of production and marketing.
Amendment 677 #
Proposal for a regulation
Article 68 – paragraph 1
Article 68 – paragraph 1
1. By way of derogation from Articles 54 to 67, the competent authorities shall immediately register in their national variety registers all varieties officially accepted or registered before … [the date of the entry into force of this Regulation], in the catalogues, lists or registers established by their Member States pursuant to Article 5 of Directive 68/193/EEC, Article 3 of Directive 2002/53/EC, Article 3(2) of Directive 2002/55/EC and varieties with an official description pursuant to Article 7(4) of Directive 2008/90/EC, without applying the registration procedure set out by those Articles.
Amendment 679 #
Proposal for a regulation
Article 68 – paragraph 2
Article 68 – paragraph 2
2. By way of derogation from Article 53, varieties accepted in accordance with Article 3 of Directive 2008/62/EC, Article 3(1) and Article 321(1) of Directive 2009/145/EC and varieties with an officially recognised description pursuant to the Article 7 of Directive 2008/90/EC before… [OJ, please, insert the date of the entry into force of this Regulation] shall be immediately registered in the national variety registers as conservation varieties provided with an officially recognised description without applying the registration procedure set out by that Article.
Amendment 689 #
Proposal for a regulation
Article 72 – paragraph 7 a (new)
Article 72 – paragraph 7 a (new)
7a. By way of derogation to paragraphs 1-7, conservation varieties shall be maintained by the applicant or by any other person notified by the applicant to the competent authority, without subsequent authorisation. Conservation variety maintenance may only take place in EU Member States with pedo-climatic conditions similar to those included in the officially recognised description of the variety.
Amendment 702 #
Proposal for a regulation
Article 81 – paragraph 1
Article 81 – paragraph 1
Regulation (EU) 2018/848
Article 3
Article 3
Amendment 733 #
Proposal for a regulation
Annex III – Part A – point 1 – Part A – point d
Annex III – Part A – point 1 – Part A – point d
(d) The quality of soil, substrates, mother plants and the immediate environment shall be inspected by the professional operator to avoid presence of pests or their vectors, in accordance with Regulation (EU) 2016/2031.
Amendment 735 #
Proposal for a regulation
Annex III – Part A – point 1 – Part A – point f
Annex III – Part A – point 1 – Part A – point f
(f) Where appropriate, the production of seeds shall take place separately fromparticular attention should be put on the production of seeds in parallel with the cultivation of seeds belonging to the same genera or species intended for the production of food or feed, to ensurseparating the plots when it is necessary to do so to maintain the health of the material concerned.
Amendment 737 #
Proposal for a regulation
Annex III – Part A – point 1 – Part B – point a – paragraph 1
Annex III – Part A – point 1 – Part B – point a – paragraph 1
It shall be ensured that off-types, in the field, are absent, except for PRM belonging to conservation varieties. Where this is not possible due to the characteristics of the species concerned, they shall be present up to the lowest possible level.
Amendment 739 #
Proposal for a regulation
Annex III – Part A – point 1 – Part B – point d
Annex III – Part A – point 1 – Part B – point d
(d) The mother plants, where applicable, shall be maintained in all phases of production, under conditions to enable the production of seeds, and permitting their identification and verification of compliance with the official description of their variety.
Amendment 741 #
Proposal for a regulation
Annex III – Part A – point 1 – Part C – point a
Annex III – Part A – point 1 – Part C – point a
Amendment 742 #
Proposal for a regulation
Annex III – Part A – point 1 – Part C – point b
Annex III – Part A – point 1 – Part C – point b
Amendment 745 #
Proposal for a regulation
Annex III – Part A – point 2 – paragraph 1 – point c
Annex III – Part A – point 2 – paragraph 1 – point c
(c) have at least a minimum purity, to secure the highessufficient level of varietal identity;
Amendment 746 #
Proposal for a regulation
Annex III – Part A – point 2 – paragraph 1 – point f
Annex III – Part A – point 2 – paragraph 1 – point f
(f) have sufficient vigour, defined dimension and specific grading, to ensure appropriateness of the material and sufficient homogeneity of the lot for sowing or planting;