43 Amendments of Brian SIMPSON related to 2013/0137(COD)
Amendment 93 #
Proposal for a regulation
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The European Parliament rejects the Commission proposal.
Amendment 116 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) Private gardeners and farmers, who use seeds and plants and produce them for their own consumption, are not covered by this Regulation. The rules laid down in this Regulation shall only apply to the marketing of plant reproductive material aimed at commercial exploitation.
Amendment 119 #
Proposal for a regulation
Recital 12
Recital 12
(12) Certain genera and species of plant reproductive material, with the exception of those marketed exclusively for ornamental use and those intended for sale to home gardeners, should be subject to enhanced requirements concerning their production and making available on the market due to their increased economic, health or environmental importance. That importance should be determined through the area or value of production of those genera or species, the number of professional operators or the content of substances which present a potential risk for health or the environment. The majority of those genera and species is currently regulated by the above Directives. Those genera and species should be inserted in a specific list (hereinafter: ‘listed genera and species’).
Amendment 126 #
Proposal for a regulation
Recital 30
Recital 30
(30) Basic requirements should be set for plant reproductive material not belonging to listed genera or species, to ensure minimum quality and identification standards for their production and making available on the market. Those requirements should also apply to plant reproductive material marketed for ornamental purposes and to propagating material intended for sale to home gardeners.
Amendment 171 #
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 196 #
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) exchanged in kind between persons other than professional operators.
Amendment 228 #
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, by a professional operator aimed at commercial exploitation and whether free of charge or not;
Amendment 238 #
Proposal for a regulation
Article 3 – point 6 – introductory part
Article 3 – point 6 – introductory part
(6) ‘professional operator’ means any natural or legal person carrying out, as a profession, at least one of the following activities with regard to plant reproductive material aimed at commercial exploitation:
Amendment 240 #
Proposal for a regulation
Article 3 – point 6 – point a
Article 3 – point 6 – point a
Amendment 246 #
Proposal for a regulation
Article 3 – point 6 – point b
Article 3 – point 6 – point b
Amendment 248 #
Proposal for a regulation
Article 3 – point 6 – point c
Article 3 – point 6 – point c
Amendment 249 #
Proposal for a regulation
Article 3 – point 6 – point d
Article 3 – point 6 – point d
Amendment 251 #
Proposal for a regulation
Article 3 – point 6 – point e
Article 3 – point 6 – point e
Amendment 373 #
Proposal for a regulation
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. This Title shall not apply to propagating material of genera and species listed in Annex I, when the material: - is intended for ornamental use, or - is marketed for home gardeners. That material will be covered by Title III provisions.
Amendment 561 #
Proposal for a regulation
Article 32
Article 32
Amendment 563 #
Proposal for a regulation
Article 32 a (new)
Article 32 a (new)
Article 32 a Mixtures Mixtures of varieties and/or genera and species may be made available on the market with the following restrictions: (a) An official label may only be affixed to the mixture if all the ingredients of the mixture have been certified with an official label before. All other mixtures, including those containing genera and species not listed in Annex I shall be made available on the market as standard material. (b) The label of the mixture has to contain an ingredient's list with at least the common name and the weight percentage of each ingredient.
Amendment 564 #
Proposal for a regulation
Article 33
Article 33
Amendment 577 #
Proposal for a regulation
Article 33 a (new)
Article 33 a (new)
Article 33 a Preservation mixtures 1. Preservation mixtures may only be made available on the market as standard material. 2. In the case it is not possible to make a preservation mixture available on the market as standard material, an indication of the natural environment where the preservation mixture has been harvested shall be provided. This information shall at least include: (a) the date and the place of harvest; and (b) which plant societies are concerned.
Amendment 608 #
Proposal for a regulation
Article 36 – paragraph 1 – point a
Article 36 – paragraph 1 – point a
(a) it is made available on the marketproduced 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 677 #
Proposal for a regulation
Article 43
Article 43
Amendment 683 #
Proposal for a regulation
Article 43 a (new)
Article 43 a (new)
Article 43a Import conditions Imports to the Union of Plant reproductive material shall not be prohibited or restricted, except in one of the following cases: (a) It is prohibited by an existing trade agreement. (b) Import is explicitly prohibited by another Union act. (c) A demonstrable risk exists from plant disease, invasive species or other phytosanitary risk not already present and established in the Union. (d) A demonstrable risk of consumer fraud exists. (e) Materials are being made available on the market at subsidized prices or at a price so low it constitutes dumping, and the total commercial value exceeds 1 million Euros. (f) The PRM to be imported or its lot do not comply with the quality requirements of this Regulation for the respective species and categories and types of material.
Amendment 688 #
Proposal for a regulation
Article 46 – paragraph 3
Article 46 – paragraph 3
Amendment 696 #
Proposal for a regulation
Article 47 – paragraph 1 a (new)
Article 47 – paragraph 1 a (new)
This Title shall also apply to propagating material of genera and species listed in Annex I, when the material: - is marketed for ornamental purposes, or - is intended for sale to home gardeners.
Amendment 699 #
Proposal for a regulation
Article 48 – paragraph 1 – point c
Article 48 – paragraph 1 – point c
(c) in the case of seeds, it shall have satisfactory germination, as appropriate for the genera and species concerned, to allow an appropriate number of plants per area after sowing, and to ensure the maximumsufficient yield and quality of the production;
Amendment 702 #
Proposal for a regulation
Article 48 – paragraph 2
Article 48 – paragraph 2
Amendment 705 #
Proposal for a regulation
Article 48 – paragraph 3
Article 48 – paragraph 3
Amendment 708 #
Proposal for a regulation
Article 50
Article 50
Amendment 710 #
Proposal for a regulation
Article 50 – paragraph 1 – point c
Article 50 – paragraph 1 – point c
(c) the variety has been enterprofessional operator provides sufficient assurance of the identity and denomination of the variety through information provided ion any other public or private list with an official or officially recognised description and a denominand traceability of previous cycles of multiplication.;
Amendment 714 #
Proposal for a regulation
Article 50 – paragraph 1 – point c a (new)
Article 50 – paragraph 1 – point c a (new)
(ca) the variety concerned is commonly known to consumers from information available in the public domain.
Amendment 717 #
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 743 #
Proposal for a regulation
Article 53 – paragraph 1 – point f
Article 53 – paragraph 1 – point f
(f) the official description of the variety, or, where, applicable, the officially recognised description of the variety with an indication of the region(s) where the variety has historically been grown and to which it is naturally adapted (‘region(s) of origin’);
Amendment 747 #
Proposal for a regulation
Article 53 – paragraph 1 – point k a (new)
Article 53 – paragraph 1 – point k a (new)
(ka) where applicable, the indication that the variety has been bred using non- traditional breeding methods, including an enumeration of all the methods used for obtaining that variety.
Amendment 748 #
Proposal for a regulation
Article 53 – paragraph 1 – point k b (new)
Article 53 – paragraph 1 – point k b (new)
(k b) The genealogical components of the variety
Amendment 795 #
Proposal for a regulation
Article 57 – paragraph 1 – point a
Article 57 – paragraph 1 – point a
(a) in case the variety had been previously not registered in a national variety register or in the Union variety register and plant reproductive material belonging to that variety has been made available on the market before the entry into force of this Regulation;
Amendment 800 #
Proposal for a regulation
Article 57 – paragraph 1 – point b
Article 57 – paragraph 1 – point b
(b) in case the variety had been previously registered in any national variety register or in the Union variety register on the basis of a technical examination pursuant to Article 71, but has been deleted from those registers more than five years before the submission of the current application and would not fulfil the requirements laid down in Articles 60, 61 and 62 and, where applicable, Article 58(1) and Article 59(1).
Amendment 821 #
Proposal for a regulation
Article 57 – paragraph 2 – point a
Article 57 – paragraph 2 – point a
Amendment 831 #
Proposal for a regulation
Article 57 – paragraph 3
Article 57 – paragraph 3
Amendment 837 #
Proposal for a regulation
Article 57 – paragraph 4 – point b a (new)
Article 57 – paragraph 4 – point b a (new)
(ba) in the case of a newly bred variety, the description delivered by the applicant is examined for correctness according to the respective technical guidance by the competent authority.
Amendment 907 #
Proposal for a regulation
Article 67 – paragraph 1 – point k a (new)
Article 67 – paragraph 1 – point k a (new)
(ka) where applicable, the indication that the variety has been breed using non- traditional breeding methods, including an enumeration of all the methods used for obtaining that variety;
Amendment 974 #
Proposal for a regulation
Article 75 – paragraph 1
Article 75 – paragraph 1
1. Where, in the framework of the technical examination referred to in Article 71(1), an examination of the genealogical components is necessary, the results of that examination and the description of the genealogical components shall be treated as confidential, if the applicant so requests. The genealogical composition of the variety shall only be kept confidential until the variety is registered in the Union variety register or a national variety register.
Amendment 975 #
Proposal for a regulation
Article 75 – paragraph 2
Article 75 – paragraph 2
2. In the case of varieties of plant reproductive material intended exclusively for the production of agricultural raw materials for industrial purposes, and if so requested by the applicant, the results of the technical examination referred to in Article 71(1) and the intended uses of those varieties shall be treated as confidential. The result of the technical examination and the intended uses shall only be kept confidential until the variety is registered in the union variety register or a national variety register
Amendment 1099 #
Proposal for a regulation
Part IV (articles 105 to 139)
Part IV (articles 105 to 139)
Amendment 1423 #
Proposal for a regulation
Annex III – Part A – point n b (new)
Annex III – Part A – point n b (new)