70 Amendments of Daniel BUDA related to 2023/0227(COD)
Amendment 62 #
Proposal for a regulation
Recital 3
Recital 3
(3) However, the rules on production and marketing of PRM need to be adapted to the scientific and technical developments in the areas of agricultural and horticultural production techniques and plant breeding. Moreover, the legislation needs to be updated on the basis of changes in international standards and experience gained by the application of the PRM Directives. Those rules need to be clarified and updated in order to facilitate a more harmonised implementation. Therefore, the PRM marketing Directives should be replaced by a single Regulation on the production and marketing of PRM within the Union. A single Regulation such as this would provide a clearer and more efficient framework for the production and marketing of PRM, hence contributing to enhancing the safety and quality of agricultural and horticultural products throughout the European Union.
Amendment 62 #
Proposal for a regulation
Recital 3
Recital 3
(3) However, the rules on production and marketing of PRM need to be adapted to the scientific and technical developments in the areas of agricultural and horticultural production techniques and plant breeding. Moreover, the legislation needs to be updated on the basis of changes in international standards and experience gained by the application of the PRM Directives. Those rules need to be clarified and updated in order to facilitate a more harmonised implementation. Therefore, the PRM marketing Directives should be replaced by a single Regulation on the production and marketing of PRM within the Union. A single Regulation such as this would provide a clearer and more efficient framework for the production and marketing of PRM, hence contributing to enhancing the safety and quality of agricultural and horticultural products throughout the European Union.
Amendment 65 #
Proposal for a regulation
Recital 5
Recital 5
(5) In order to achieve this transition to sustainable and safe food systems, the Union legislation should therefore take account of the need to ensure the adaptability of the PRM production to the changing agricultural, horticultural and environmental conditions, at a Member State and an EU level, to face the challenges of climate change, to protect and restore biodiversity and to meet increasing farmers’ and consumers’ expectations related to quality, safety and sustainability of PRM.
Amendment 65 #
Proposal for a regulation
Recital 5
Recital 5
(5) In order to achieve this transition to sustainable and safe food systems, the Union legislation should therefore take account of the need to ensure the adaptability of the PRM production to the changing agricultural, horticultural and environmental conditions, at a Member State and an EU level, to face the challenges of climate change, to protect and restore biodiversity and to meet increasing farmers’ and consumers’ expectations related to quality, safety and sustainability of PRM.
Amendment 77 #
Proposal for a regulation
Recital 18
Recital 18
(18) In accordance with those standards, compliance of PRM with the requirements for the categories pre-basic, basic or certified should be confirmed by inspections, sampling, testing and official control plot testing carried out by the national competent authorities (‘official certification’) and should be attested by an official label, in such a way as to ensure, inter alia, the quality and safety of PRM.
Amendment 77 #
Proposal for a regulation
Recital 18
Recital 18
(18) In accordance with those standards, compliance of PRM with the requirements for the categories pre-basic, basic or certified should be confirmed by inspections, sampling, testing and official control plot testing carried out by the national competent authorities (‘official certification’) and should be attested by an official label, in such a way as to ensure, inter alia, the quality and safety of PRM.
Amendment 80 #
Proposal for a regulation
Recital 23
Recital 23
(23) Rules should be adopted for the labelling of PRM to ensure the appropriate identification of that material per category through the attestation of compliance with the respective requirements concerning pre-basic, basic, certified and standard seed and material. The inclusion on labels of key details such as species and variety, purity and treatments, makes it easier to monitor and control the quality of PRM, and for consumers to understand what this actually contains.
Amendment 80 #
Proposal for a regulation
Recital 23
Recital 23
(23) Rules should be adopted for the labelling of PRM to ensure the appropriate identification of that material per category through the attestation of compliance with the respective requirements concerning pre-basic, basic, certified and standard seed and material. The inclusion on labels of key details such as species and variety, purity and treatments, makes it easier to monitor and control the quality of PRM, and for consumers to understand what this actually contains.
Amendment 81 #
Proposal for a regulation
Recital 25
Recital 25
(25) The official label should be printed and affixed by authorised professional operators and under the official supervision of the competent authorities. However, and since certain professional operators may not have the resources to carry out all the certification activities and print official labels, it should be provided that any certification steps may also be carried out by the competent authorities upon request of professional operators. It is important that financial resources be identified at EU level for distribution to national competent authorities with a view to ensuring the effective certification and printing of official labels.
Amendment 81 #
Proposal for a regulation
Recital 25
Recital 25
(25) The official label should be printed and affixed by authorised professional operators and under the official supervision of the competent authorities. However, and since certain professional operators may not have the resources to carry out all the certification activities and print official labels, it should be provided that any certification steps may also be carried out by the competent authorities upon request of professional operators. It is important that financial resources be identified at EU level for distribution to national competent authorities with a view to ensuring the effective certification and printing of official labels.
Amendment 82 #
Proposal for a regulation
Recital 29
Recital 29
(29) Seeds are frequently marketed in varietal mixtures of same species or species mixtures. However seeds of genera or species, covered by this Regulation, should be allowed to be produced and marketed in mixtures only with seeds of the genera or species covered by this Regulation. This is necessary to ensure that the respective production and marketing standards are respected and to ensure the right quality and safety. However, Member States should have the possibility to allow the production and marketing of a mixture of seeds covered by this Regulation, with seeds not belonging to genera or species covered by this Regulation, for the purposes of conservation of genetic resources and preservation of the natural environment. This is is because those species are the ones most appropriate for the purpose of that preservation. RSpecific and proportionate rules should be set out concerning those mixtures to ensure their identity, safety and quality.
Amendment 82 #
Proposal for a regulation
Recital 29
Recital 29
(29) Seeds are frequently marketed in varietal mixtures of same species or species mixtures. However seeds of genera or species, covered by this Regulation, should be allowed to be produced and marketed in mixtures only with seeds of the genera or species covered by this Regulation. This is necessary to ensure that the respective production and marketing standards are respected and to ensure the right quality and safety. However, Member States should have the possibility to allow the production and marketing of a mixture of seeds covered by this Regulation, with seeds not belonging to genera or species covered by this Regulation, for the purposes of conservation of genetic resources and preservation of the natural environment. This is is because those species are the ones most appropriate for the purpose of that preservation. RSpecific and proportionate rules should be set out concerning those mixtures to ensure their identity, safety and quality.
Amendment 83 #
Proposal for a regulation
Recital 31
Recital 31
(31) Control plot tests should be conducted to verify the varietal identity, quality and purity of individual seed lots. Specific rules should be set out concerning those tests on pre-basic, basic, certified and standard seed, on the basis of the applicable international standards and the experience gained by the application of the PRM marketing Directives. The results of these checks should provide clear and verifiable information to serve as a basis for the certification and subsequent labelling of seeds. The implementation of stringent rules such as these will ensure seed integrity and quality, thereby helping to promote sustainable agricultural production and to protect the interests of both farmers and consumers.
Amendment 83 #
Proposal for a regulation
Recital 31
Recital 31
(31) Control plot tests should be conducted to verify the varietal identity, quality and purity of individual seed lots. Specific rules should be set out concerning those tests on pre-basic, basic, certified and standard seed, on the basis of the applicable international standards and the experience gained by the application of the PRM marketing Directives. The results of these checks should provide clear and verifiable information to serve as a basis for the certification and subsequent labelling of seeds. The implementation of stringent rules such as these will ensure seed integrity and quality, thereby helping to promote sustainable agricultural production and to protect the interests of both farmers and consumers.
Amendment 98 #
Proposal for a regulation
Recital 40
Recital 40
(40) REffective and proportionate rules should be set out concerning labelling and information to be provided for the imported PRM for the purposes of its proper identification, traceability, and informed choices by its users and for enabling official controls. Standards for the clear and visible presentation of this information on PRM packaging should also be specified.
Amendment 98 #
Proposal for a regulation
Recital 40
Recital 40
(40) REffective and proportionate rules should be set out concerning labelling and information to be provided for the imported PRM for the purposes of its proper identification, traceability, and informed choices by its users and for enabling official controls. Standards for the clear and visible presentation of this information on PRM packaging should also be specified.
Amendment 101 #
Proposal for a regulation
Recital 42
Recital 42
(42) Specific, effective and proportionate obligations should be introduced for professional operators active in the area of the production and marketing of PRM, to ensure their accountability, more effective official controls and proper application of this Regulation.
Amendment 101 #
Proposal for a regulation
Recital 42
Recital 42
(42) Specific, effective and proportionate obligations should be introduced for professional operators active in the area of the production and marketing of PRM, to ensure their accountability, more effective official controls and proper application of this Regulation.
Amendment 102 #
Proposal for a regulation
Recital 47
Recital 47
(47) The registered varieties should be further notified by the competent authorities via the EU Plant Variety Portal to the Union variety register, to ensure an overview of all varieties allowed for marketing in the Union. This notification process should be efficient and timely in order to facilitate swift and easy access for stakeholders to the data on authorised varieties.
Amendment 102 #
Proposal for a regulation
Recital 47
Recital 47
(47) The registered varieties should be further notified by the competent authorities via the EU Plant Variety Portal to the Union variety register, to ensure an overview of all varieties allowed for marketing in the Union. This notification process should be efficient and timely in order to facilitate swift and easy access for stakeholders to the data on authorised varieties.
Amendment 121 #
Proposal for a regulation
Recital 81 a (new)
Recital 81 a (new)
(81a) The Commission should identify sources of financing to make available to the Member States with a view to setting up specialised, official EU-accredited laboratories for PRM testing which will make this assessment based on specific procedures identical to all the authorities in the Member States.
Amendment 121 #
Proposal for a regulation
Recital 81 a (new)
Recital 81 a (new)
(81a) The Commission should identify sources of financing to make available to the Member States with a view to setting up specialised, official EU-accredited laboratories for PRM testing which will make this assessment based on specific procedures identical to all the authorities in the Member States.
Amendment 130 #
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 3
Article 2 – paragraph 1 – subparagraph 3
The requirements concerning production of PRM shall apply only to production with a view to its marketing and importation onto the EU internal market.
Amendment 130 #
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 3
Article 2 – paragraph 1 – subparagraph 3
The requirements concerning production of PRM shall apply only to production with a view to its marketing and importation onto the EU internal market.
Amendment 132 #
Proposal for a regulation
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) to ensure quality, safety and diversity of choice for PRM, and its availability for professional operators and final users;
Amendment 132 #
Proposal for a regulation
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) to ensure quality, safety and diversity of choice for PRM, and its availability for professional operators and final users;
Amendment 158 #
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 for on-farm research and testing;
Amendment 158 #
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 for on-farm research and testing;
Amendment 166 #
Proposal for a regulation
Article 2 – paragraph 4 – point e a (new)
Article 2 – paragraph 4 – point e a (new)
(ea) PRM accessed, sold or transferred in any way in small quantities as defined in Annex IX, whether free of charge or not, for the purpose of the conservation and sustainable use of plant genetic resources and agrobiodiversity.
Amendment 166 #
Proposal for a regulation
Article 2 – paragraph 4 – point e a (new)
Article 2 – paragraph 4 – point e a (new)
(ea) PRM accessed, sold or transferred in any way in small quantities as defined in Annex IX, whether free of charge or not, for the purpose of the conservation and sustainable use of plant genetic resources and agrobiodiversity.
Amendment 181 #
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 the commercial exploitation of PRM:
Amendment 181 #
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 the commercial exploitation of PRM:
Amendment 209 #
Proposal for a regulation
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘marketing’ means the following commercial actions conducted by a professional operator: sale, holding, transfer for free, or offering for sale or any other way of transferring or distribution within, or import into, the Union
Amendment 209 #
Proposal for a regulation
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘marketing’ means the following commercial actions conducted by a professional operator: sale, holding, transfer for free, or offering for sale or any other way of transferring or distribution within, or import into, the Union
Amendment 246 #
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 conditions or for use in a niche production environment or system; and
Amendment 246 #
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 conditions or for use in a niche production environment or system; and
Amendment 250 #
Proposal for a regulation
Article 3 – paragraph 1 – point 29 – point a a (new)
Article 3 – paragraph 1 – point 29 – point a a (new)
(aa) not an ‘F1 hybrid variety’;
Amendment 250 #
Proposal for a regulation
Article 3 – paragraph 1 – point 29 – point a a (new)
Article 3 – paragraph 1 – point 29 – point a a (new)
(aa) not an ‘F1 hybrid variety’;
Amendment 266 #
Proposal for a regulation
Article 3 – paragraph 1 – point 35
Article 3 – paragraph 1 – point 35
(35) ‘hybrid variety’ means a variety produced as a result from the crossbreeding of two or more other varieties; 'F1 hybrid variety' means a hybrid variety which does not reproduce true to type in subsequent generations.
Amendment 266 #
Proposal for a regulation
Article 3 – paragraph 1 – point 35
Article 3 – paragraph 1 – point 35
(35) ‘hybrid variety’ means a variety produced as a result from the crossbreeding of two or more other varieties; 'F1 hybrid variety' means a hybrid variety which does not reproduce true to type in subsequent generations.
Amendment 271 #
Proposal for a regulation
Article 3 – paragraph 1 – point 35 a (new)
Article 3 – paragraph 1 – point 35 a (new)
(35a) ‘conservation and sustainable use of plant genetic resources and agrobiodiversity’ means the conservation of the genetic diversity of inter- and intra- specific cultivated plants, including both in situ, on-farm or garden conservation and ex situ conservation outside their natural habitat, and the sustainable use of plant genetic resources and agrobiodiversity.
Amendment 271 #
Proposal for a regulation
Article 3 – paragraph 1 – point 35 a (new)
Article 3 – paragraph 1 – point 35 a (new)
(35a) ‘conservation and sustainable use of plant genetic resources and agrobiodiversity’ means the conservation of the genetic diversity of inter- and intra- specific cultivated plants, including both in situ, on-farm or garden conservation and ex situ conservation outside their natural habitat, and the sustainable use of plant genetic resources and agrobiodiversity.
Amendment 311 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 311 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 317 #
Proposal for a regulation
Article 8 – paragraph 4 – point e
Article 8 – paragraph 4 – point e
Amendment 317 #
Proposal for a regulation
Article 8 – paragraph 4 – point e
Article 8 – paragraph 4 – point e
Amendment 351 #
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
For the purposes of the certification under official supervision, the competent authorities shall, at least once per year, conduct regular audits to ensure that the professional operator fulfils the requirements referred to in Article 10(1).
Amendment 351 #
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
For the purposes of the certification under official supervision, the competent authorities shall, at least once per year, conduct regular audits to ensure that the professional operator fulfils the requirements referred to in Article 10(1).
Amendment 413 #
Proposal for a regulation
Article 22 – paragraph 1 – subparagraph 1 – point b
Article 22 – paragraph 1 – subparagraph 1 – point b
(b) it is naturally associated with a particular area (‘source arearegion of origin’) contributing to the conservation of genetic resources or the restoration of the natural environment; and 'Justification - ensures the compatibility of the terms 'source area' and 'region of origin' - Article 3 of Directive (EU) 2010/60, with reference to preservation mixtures.
Amendment 413 #
Proposal for a regulation
Article 22 – paragraph 1 – subparagraph 1 – point b
Article 22 – paragraph 1 – subparagraph 1 – point b
(b) it is naturally associated with a particular area (‘source arearegion of origin’) contributing to the conservation of genetic resources or the restoration of the natural environment; and 'Justification - ensures the compatibility of the terms 'source area' and 'region of origin' - Article 3 of Directive (EU) 2010/60, with reference to preservation mixtures.
Amendment 415 #
Proposal for a regulation
Article 22 – paragraph 2 – subparagraph 1 – point a
Article 22 – paragraph 2 – subparagraph 1 – point a
(a) authorisation requirements for mixtures of seeds collected directly from a natural place belonging to a defined source arearegion of origin, for the conservation and restoration of the natural environment (directly harvested preservation mixtures);
Amendment 415 #
Proposal for a regulation
Article 22 – paragraph 2 – subparagraph 1 – point a
Article 22 – paragraph 2 – subparagraph 1 – point a
(a) authorisation requirements for mixtures of seeds collected directly from a natural place belonging to a defined source arearegion of origin, for the conservation and restoration of the natural environment (directly harvested preservation mixtures);
Amendment 421 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. After the marketing of standard seeds, the competent authorities shallmay carry out control plot tests to check whether the seeds comply with the respective varietal identity and varietal purity requirements, and with other requirements, as appropriate.
Amendment 421 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. After the marketing of standard seeds, the competent authorities shallmay carry out control plot tests to check whether the seeds comply with the respective varietal identity and varietal purity requirements, and with other requirements, as appropriate.
Amendment 488 #
Proposal for a regulation
Article 30 – title
Article 30 – title
Amendment 488 #
Proposal for a regulation
Article 30 – title
Article 30 – title
Amendment 493 #
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 seeds in kindPRM, if such seedsPRM fulfill all of the following conditions:
Amendment 493 #
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 seeds in kindPRM, if such seedsPRM fulfill all of the following conditions:
Amendment 551 #
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
2. Where a Member State officially informs the Commission of the need to take emergency measures and the Commission has not acted in accordance with paragraph 1, that Member State may adopt the appropriate, proportionate and time-limited interim emergency measures. Those measures may include provisions restricting, prohibiting or laying down appropriate conditions for the production or marketing of PRM within the territory of that Member State, depending on the gravity of the situation. The Member State concerned shall immediately inform the other Member States and the Commission of the measures adopted and the time period they cover, stating the grounds for its decision. This approach permits a Member State to act quickly and effectively in emergency situations to protect health, the environment and economic interests.
Amendment 551 #
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
2. Where a Member State officially informs the Commission of the need to take emergency measures and the Commission has not acted in accordance with paragraph 1, that Member State may adopt the appropriate, proportionate and time-limited interim emergency measures. Those measures may include provisions restricting, prohibiting or laying down appropriate conditions for the production or marketing of PRM within the territory of that Member State, depending on the gravity of the situation. The Member State concerned shall immediately inform the other Member States and the Commission of the measures adopted and the time period they cover, stating the grounds for its decision. This approach permits a Member State to act quickly and effectively in emergency situations to protect health, the environment and economic interests.
Amendment 568 #
Proposal for a regulation
Article 41 – paragraph 1 – point b
Article 41 – paragraph 1 – point b
Amendment 568 #
Proposal for a regulation
Article 41 – paragraph 1 – point b
Article 41 – paragraph 1 – point b
Amendment 573 #
Proposal for a regulation
Article 42 – paragraph 3 a (new)
Article 42 – paragraph 3 a (new)
3a. Micro-enterprises shall be exempt from the obligations laid down in paragraphs 1 - 3 of this Article.
Amendment 573 #
Proposal for a regulation
Article 42 – paragraph 3 a (new)
Article 42 – paragraph 3 a (new)
3a. Micro-enterprises shall be exempt from the obligations laid down in paragraphs 1 - 3 of this Article.
Amendment 577 #
Proposal for a regulation
Article 43 – paragraph 1 – point a
Article 43 – paragraph 1 – point a
(a) their intention to produce pre-basic, basic and certified material or pre-basic, basic and certified seed, at least one month before the beginning of that production; and
Amendment 577 #
Proposal for a regulation
Article 43 – paragraph 1 – point a
Article 43 – paragraph 1 – point a
(a) their intention to produce pre-basic, basic and certified material or pre-basic, basic and certified seed, at least one month before the beginning of that production; and
Amendment 578 #
Proposal for a regulation
Article 44 – paragraph 1 – introductory part
Article 44 – paragraph 1 – introductory part
1. Each Member State shall establish and publish, in electronic format, and shall keep permanently updated a single national register of varieties (‘national variety register’) containing:
Amendment 578 #
Proposal for a regulation
Article 44 – paragraph 1 – introductory part
Article 44 – paragraph 1 – introductory part
1. Each Member State shall establish and publish, in electronic format, and shall keep permanently updated a single national register of varieties (‘national variety register’) containing:
Amendment 698 #
Proposal for a regulation
Article 78 – paragraph 1
Article 78 – paragraph 1
1. Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate, preventive and dissuasive. Member States shall, without delay, notify the Commission of those rules and of those measures and of any subsequent amendment affecting them.
Amendment 698 #
Proposal for a regulation
Article 78 – paragraph 1
Article 78 – paragraph 1
1. Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate, preventive and dissuasive. Member States shall, without delay, notify the Commission of those rules and of those measures and of any subsequent amendment affecting them.