BETA

Activities of James NICHOLSON related to 2013/0137(COD)

Plenary speeches (1)

Production and making available on the market of plant reproductive material (plant reproductive material law) (debate)
2016/11/22
Dossiers: 2013/0137(COD)

Shadow opinions (1)

OPINION on the proposal for a regulation of the European Parliament and of the Council on the production and making available on the market of plant reproductive material (plant reproductive material law)
2016/11/22
Committee: ENVI
Dossiers: 2013/0137(COD)
Documents: PDF(235 KB) DOC(55 KB)

Amendments (129)

Amendment 78 #
Proposal for a regulation
Title 0
The Committee on environment, public health and food safety calls on the Committee on agriculture and rural development, as the committee responsible, to reject the Commission proposal.
2013/12/20
Committee: ENVI
Amendment 94 #
Proposal for a regulation
Recital 14
(14) In order to ensure the widest possible availability of plant reproductive material and choices by its users, professional operators should, in principle, be able to make available on the market plant reproductive material belonging to listed genera or species under any of the categories, considering that production and marketing conditions between agricultural and horticultural species are different. However, in order to ensure food and feed security, andor to achieve a high level of identity, quality and health of plant reproductive material, plant reproductive material, particularly agricultural species material, should not be made available on the market as standard material if the certification costs are proportionate to those objectives.
2013/12/20
Committee: ENVI
Amendment 95 #
Proposal for a regulation
The European Parliament rejects the Commission proposal.
2013/12/18
Committee: AGRI
Amendment 114 #
Proposal for a regulation
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;
2013/12/20
Committee: ENVI
Amendment 116 #
Proposal for a regulation
Article 2 – paragraph 1 – point d
(d) exchanged in kind, or marketed in small non-commercial quantities, between persons other than professional operators.
2013/12/20
Committee: ENVI
Amendment 121 #
Proposal for a regulation
Article 2 – paragraph 1 – point d a (new)
(da) placed on the market in a limited total quantity for end use by home gardeners only;
2013/12/20
Committee: ENVI
Amendment 124 #
Proposal for a regulation
Article 2 – paragraph 1 – point d b (new)
(db) which would be defined as "ornamental".
2013/12/20
Committee: ENVI
Amendment 126 #
Proposal for a regulation
Article 3 – paragraph 1 – point 3 a (new)
(3a) 'ornamental' means a plant which is grown primarily for a decorative purpose.
2013/12/20
Committee: ENVI
Amendment 127 #
Proposal for a regulation
Article 3 – paragraph 1 – point 5
(5) ‘m"Making available on the market", unless on an "own holding" as defined in Article 3, means the holding for the purpose of sale within the Union, including offering for sale or for any other form of transfer within the Union, and the sale, distribution, import into, and export out of, the Union and other forms of transfer, whethe in the course of commercial activity related to plant reproductive material, whether in return for payment or free of charge or not;
2013/12/20
Committee: ENVI
Amendment 138 #
Proposal for a regulation
Article 3 – paragraph 1 – point 6 – point a
(a) producing in order to directly make available on the market;
2013/12/20
Committee: ENVI
Amendment 149 #
Proposal for a regulation
Article 3 – paragraph 1 – point 6 a (new)
(6a) 'home gardener' means an individual, charitable organisation or community group who undertake gardening as a leisure pursuit for purposes which may include charitable fund-raising.
2013/12/20
Committee: ENVI
Amendment 153 #
Proposal for a regulation
Article 3 – paragraph 1 – point 10 a (new)
(10a) 'Small quantities' shall be defined as quantities no larger than those sufficient to sow or plant 0.25 ha of land at usual sowing or planting rates for the species concerned.
2013/12/20
Committee: ENVI
Amendment 156 #
Proposal for a regulation
Article 3 – paragraph 1 – point 10 b (new)
(10b) "Own holding" shall be considered to be any holding or part thereof which is managed within the same common business entity. The seed produced shall be suitable for use on land managed within the same common business entity, where the business entity shares in the financial risks and rewards of the crop.
2013/12/20
Committee: ENVI
Amendment 158 #
Proposal for a regulation
Article 4 – paragraph 1
Plant reproductive material shall be subject to no restrictions concerning its production and making available on the market, other than those laid down in this Regulation, in Directive 94/62/EC, Regulation (EC) No 2100/1994 and corresponding Member States' legislation, Regulation (EC) No 338/97, Directive 2001/18/EC, Regulation (EC) No 1829/2003, Regulation (EC) No 1830/2003, Regulation (EU) No …/… 2100/199421a[Office of Publication, please insert number of Regulation on protective measures against pests of plants] and in Union legislation restricting the production or making available on the market of invasive alien species. 21a OJ L 227, 1.9.1994, p. 1
2013/12/20
Committee: ENVI
Amendment 159 #
Proposal for a regulation
Article 5 – paragraph 1
Professional operators shall be registered in the registers referred to in Article 61 of Regulation (EC) No …/… .../... 21b(Office of Publication, please insert number of Regulation on protective measures against pests of plants) in accordance with the provisions of Article 62 of that Regulation., unless otherwise stated. 21b OJ L …, …, p. …
2013/12/20
Committee: ENVI
Amendment 160 #
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Professional operators marketing solely and directly to non-professional end users, such as home gardeners, shall be excluded from the requirement to register as professional operators under this Regulation.
2013/12/20
Committee: ENVI
Amendment 168 #
Proposal for a regulation
Article 7 – paragraph 1 – point h
(h) make available to the competent authorities, on request, any contracts with third parties concerning the production of plant reproductive material.
2013/12/20
Committee: ENVI
Amendment 171 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
For the purpose of paragraph 1, professional operators shall keep information allowing them to identify the professional operators, whichersons to whom they have supplied them with plant reproductive material, and the material concerned, unless that material has been supplied to consumers who are not professional.
2013/12/20
Committee: ENVI
Amendment 172 #
Proposal for a regulation
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 retail to non-professional end users.
2013/12/20
Committee: ENVI
Amendment 182 #
Proposal for a regulation
Article 10 – paragraph 1 – point 6
(6) 'pre-basic material' means plant reproductive material which is at the first step of production under official control and is intended for the production of further pre-basic material and other categories of plant reproductive material;
2013/12/20
Committee: ENVI
Amendment 183 #
Proposal for a regulation
Article 10 – paragraph 1 – point 7
(7) 'basic material' means plant reproductive material which has been produced from pre-basic or basic material, and is intended for the production of further basic material or certified material;
2013/12/20
Committee: ENVI
Amendment 184 #
Proposal for a regulation
Article 10 – paragraph 1 – point 8
(8) 'certified material' means plant reproductive material which has been produced from pre-basic or basic material, basic or certified material and is intended for the production of further certified material or marketing for commercial crop production;
2013/12/20
Committee: ENVI
Amendment 191 #
Proposal for a regulation
Article 2 – paragraph 1 – point d
(d) exchanged in kind or marketed in trivial quantities between persons other than professional operators.
2013/12/18
Committee: AGRI
Amendment 195 #
Proposal for a regulation
Article 2 – paragraph 1 – point d
(d) exchanged in kind, or marketed in small non-commercial quantities, between persons other than professional operators.
2013/12/18
Committee: AGRI
Amendment 198 #
Proposal for a regulation
Article 11 – paragraph 4 a (new)
(4 a) This Title shall not apply to: - Species exclusively for ornamental use; - Plant reproductive material of Annex I species intended for ornamental uses or for use solely by non-professional users, unless a higher level of control is needed for plant health purposes. - Plant reproductive material of Annex I species intended for ornamental use or marketed in small quantities to non- professional users, such as home gardeners.
2013/12/20
Committee: ENVI
Amendment 201 #
Proposal for a regulation
Article 2 – paragraph 1 – point d e (new)
(de) placed on the market in a limited total quantity for end use by home gardeners only
2013/12/18
Committee: AGRI
Amendment 207 #
Proposal for a regulation
Article 2 – paragraph 1 – point d k (new)
(dk) which would be defined as "ornamental"
2013/12/18
Committee: AGRI
Amendment 219 #
Proposal for a regulation
Article 3 – point 3 a (new)
(3a) 'ornamental' means a plant which is grown primarily for a decorative purpose.
2013/12/18
Committee: AGRI
Amendment 229 #
Proposal for a regulation
Article 3 – point 5
(5) ‘m"Making available on the market", unless on an "own holding" as defined in Article 3, means the holding for the purpose of sale within the Union, including offering for sale or for any other form of transfer within the Union, and the sale, distribution, import into, and export out of, the Union and other forms of transfer, whethe in the course of commercial activity related to plant reproductive material, whether in return for payment or free of charge or not;
2013/12/18
Committee: AGRI
Amendment 243 #
Proposal for a regulation
Article 15 a (new)
Article 15a Requirements for Niche Market Varieties 1) Plant reproductive material may be made available on the market as niche market varieties on the basis of an officially recognised description where: (a) the varieties or landraces concerned have no intrinsic value for commercial crop production, but have been developed for growing under particular conditions. A variety shall be considered as having been developed for growing under particular conditions if it has been developed for growing under particular agro-technical, climatic or pedological conditions, such as manual care or repeated harvesting. (b) it is labelled with the indication 'niche market material'. 2) The persons who produce niche market material shall keep records of the quantities of the material produced and made available on the market per genera, species or type of material. On request, they shall make those records available to the competent authorities. 3) Niche market varieties shall be sold in quantities no larger than those sufficient to sow or plant 0.25 ha of land at usual sowing or planting rates for the species concerned.
2013/12/20
Committee: ENVI
Amendment 257 #
Proposal for a regulation
Article 22 – paragraph 1 – point b
(b) the competent authority, if requested so by the professional operator, or if the professional operator concerned is not authorised pursuant to Article 23.;
2013/12/20
Committee: ENVI
Amendment 260 #
Proposal for a regulation
Article 23 – paragraph 1 – introductory part
1. Professional operators may be authorised by the competent authority to carry out the certification and producectivities and to produce and affix the official labels under official supervision, as referred to in point (a) of Article 22, only if they fulfil all of the following conditions:conditions relevant to the particular activity;
2013/12/20
Committee: ENVI
Amendment 261 #
Proposal for a regulation
Article 23 – paragraph 2
2. The authorisation referred to in paragraph 1 may be granted for particular or all genera or species, categories of plant reproductive material or activities.
2013/12/20
Committee: ENVI
Amendment 262 #
Proposal for a regulation
Article 24 – paragraph 4 – point b a (new)
(ba) accreditation of the professional operator's entire activity in respect of plant reproductive material, based on externally accredited quality assurance and disapplying some or all of the provisions of paragraphs 2 and 3;
2013/12/20
Committee: ENVI
Amendment 262 #
Proposal for a regulation
Article 3 – point 6 a (new)
(6a) 'Home gardener' means an individual, charitable organisation or community group who undertake gardening as a leisure pursuit for purposes which may include charitable fund-raising;
2013/12/18
Committee: AGRI
Amendment 265 #
Proposal for a regulation
Article 3 – point 10 a (new)
(10a) 'Small quantities' means quantities no larger than those sufficient to sow or plant 0.25 ha of land at usual sowing or planting rates for the species concerned.
2013/12/18
Committee: AGRI
Amendment 266 #
Proposal for a regulation
Article 3 – paragraph 1 – point 10 b (new)
(10b) "Own holding" means any holding or part thereof which is managed within the same common business entity. The seed produced shall be suitable for use on land managed within the same common business entity, where the business entity shares in the financial risks and rewards of the crop.
2013/12/18
Committee: AGRI
Amendment 271 #
Proposal for a regulation
Article 4
Plant reproductive material shall be subject to no restrictions concerning its production and making available on the market, other than those laid down in this Regulation, in Directive 94/62/EC, Regulation (EC) No 2100/1994 and corresponding Member States' legislation, Regulation (EC) No 338/97, Directive 2001/18/EC, Regulation (EC) No 1829/2003, Regulation (EC) No 1830/2003, Regulation (EU) No …/… [Office of Publication, please insert number of Regulation on protective measures against pests of plants] and in Union legislation restricting the production or making available on the market of invasive alien species.
2013/12/18
Committee: AGRI
Amendment 273 #
Proposal for a regulation
Article 30 – paragraph 1
1. After the certification referred to in Article 19(1), the competent authorities may carry out tests on the plant reproductive material (hereinafter 'post certification tests') to confirm that it complies with the quality requirements as referred to in Article 16(2) and the certification schemes adopted pursuant to Article 20(2). Post certification tests of the preceding generation may be used as pre control for the next generation.
2013/12/20
Committee: ENVI
Amendment 277 #
Proposal for a regulation
Article 5
Professional operators shall be registered in the registers referred to in Article 61 of Regulation (EC) No …/… (Office of Publication, please insert number of Regulation on protective measures against pests of plants) in accordance with the provisions of Article 62 of that Regulation, unless otherwise stated.
2013/12/18
Committee: AGRI
Amendment 279 #
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Professional operators marketing solely and directly to non-professional end users, such as home gardeners, shall be excluded from the requirement to register as professional operators under this Regulation.
2013/12/18
Committee: AGRI
Amendment 284 #
Proposal for a regulation
Article 33 – paragraph 1 – introductory part
1. Competent authorities may authorise the production and making available on the market of a mixture of plant reproductive material belonging to genera or species listed in Annex I, with plant reproductive material belonging to genera or species not listed in Annex I, if that mixture fulfils both of the following conditions:;
2014/02/07
Committee: ENVI
Amendment 285 #
Proposal for a regulation
Article 33 – paragraph 1 – point a
(a) it contributes to the conservation of genetic resources and the preservation of the natural environment;deleted
2014/02/07
Committee: ENVI
Amendment 286 #
Proposal for a regulation
Article 33 – paragraph 1 – point b
(b) it is naturally associated with a particular region (hereinafter: ‘region of origin’). Hereinafter, such mixture is referred to as ‘preservation mixture’.deleted
2014/02/07
Committee: ENVI
Amendment 287 #
Proposal for a regulation
Article 33 – paragraph 2
2. When a competent authority authorises the production and making available on the market of a preservation mixture, it shall identify the region of origin taking into account information from plant genetic resource authorities or organisations.deleted
2014/02/07
Committee: ENVI
Amendment 288 #
Proposal for a regulation
Article 33 – paragraph 3 – point c
(c) requirements for the packages and containers of a preservation mixtureauthorisation referred to in paragraph 1;
2014/02/07
Committee: ENVI
Amendment 289 #
Proposal for a regulation
Article 33 – paragraph 3 – point d
(d) labelling requirements for preservation mixturthe packages and containers of mixtures of Annex I and non-Annex species;
2014/02/07
Committee: ENVI
Amendment 290 #
Proposal for a regulation
Article 33 – paragraph 3 – point f
(f) the obligation for professional operators to report on the production and making available on the market of preservation mixtures;deleted
2014/02/07
Committee: ENVI
Amendment 291 #
Proposal for a regulation
Article 33 – paragraph 3 – point g
(g) the obligation for Member States to report to the Commission on the application of the provisions of this Article.deleted
2014/02/07
Committee: ENVI
Amendment 291 #
Proposal for a regulation
Article 7 – point h
(h) make available to the competent authorities, on request, any contracts with third parties.deleted
2013/12/18
Committee: AGRI
Amendment 292 #
Proposal for a regulation
Article 7 – point h
(h) make available to the competent authorities, on request, any contracts with third parties concerning the production of plant reproductive material.
2013/12/18
Committee: AGRI
Amendment 293 #
Proposal for a regulation
Article 34 – paragraph 3 – point b
(b) the objectives pursued by those proposed tests and trials;deleted
2014/02/07
Committee: ENVI
Amendment 294 #
Proposal for a regulation
Article 34 – paragraph 3 – point c
(c) the locations in which those tests and trials are to be carried out;deleted
2014/02/07
Committee: ENVI
Amendment 295 #
Proposal for a regulation
Article 34 – paragraph 3 – point e
(e) the procedure for the maintenance of the variety;deleted
2014/02/07
Committee: ENVI
Amendment 296 #
Proposal for a regulation
Article 34 – paragraph 6 – point b a (new)
(ba) the quality requirements for plant reproductive material marketed under these provisions;
2014/02/07
Committee: ENVI
Amendment 297 #
Proposal for a regulation
Article 36
[…]deleted
2014/02/07
Committee: ENVI
Amendment 303 #
Proposal for a regulation
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 retail to non-professional end users.
2013/12/18
Committee: AGRI
Amendment 310 #
Proposal for a regulation
Article 37 – paragraph 1 – subparagraph 1
In order to remove temporary difficulties in the general supply of plant reproductive material that may occur in a Member State, the competent authority of the Member State concerned may authorise the making available on the market of seed with a reduced germination rate, provided that such rate is reduced by less than 510% compared to the germination rate required pursuant to Article 16(2).
2014/02/07
Committee: ENVI
Amendment 311 #
Proposal for a regulation
Article 37 – paragraph 4 a (new)
4a. In order to remove temporary difficulties in the general supply of plant reproductive material that may occur in a Member State, the competent authority of the Member State concerned may authorise the making available on the market of plant reproductive material with reduced quality requirements, other than the reduced germination requirements as referred to in paragraph 1, compared to the quality requirements applicable pursuant to Article 16(2). That authorisation shall be granted, on the basis of a reasoned request submitted by the professional operator concerned, for a specific period of time which shall not exceed four months, while seed imports from remaining Member States must be listed on the appropriate Member State National List. The label of the plant reproductive material made available on the market pursuant to this paragraph shall be brown. It shall state that the reproductive material in question complies with lower quality requirements than those referred to in Article 16(2).
2014/02/07
Committee: ENVI
Amendment 312 #
Proposal for a regulation
Article 38 – paragraph 2
2. Plant reproductive material referred to in paragraph 1 may be made available on the market only once from one professional operator to another, without being further transferred to any other personby the operator who is authorised according to Article 23 or under the official supervision of the Competent Authority..
2014/02/07
Committee: ENVI
Amendment 313 #
Proposal for a regulation
Article 39 – paragraph 1
1. Competent authorities may authorise the makingProfessional operators may make available on the market of seeds for a specific period of time, as pre- basic, basic or certified material, without the germination requirements established pursuant to Article 16(2) having been yet confirmed, if this is considered necessary to make seed rapidly available on the market.
2014/02/07
Committee: ENVI
Amendment 314 #
Proposal for a regulation
Article 39 – paragraph 2
2. Seed referred to in paragraph 1 may be made available on the market only once, from one professional operator to another, without being further transferred to any other person, on the basis of a provisional analytical report concerning germination.
2014/02/07
Committee: ENVI
Amendment 324 #
Proposal for a regulation
Article 47 – paragraph 1
This Title shall apply to the production and making available on the market of plant reproductive material: (a) belonging to genera and species other than the ones listed in Annex I; (b) belonging to species listed in Annex I and marketed in small quantities to non- professional end users; (c) belonging to species listed in Annex I but marketed solely for ornamental use.
2014/02/07
Committee: ENVI
Amendment 333 #
Proposal for a regulation
Article 50 – paragraph 1 – point c
(c) the variety has been entered in any other public or private list with an official or officially recognised description and a denominprofessional operator making material available on the market provides sufficient assurance of the identity and denomination of the variety through information provided on any other public or private list and traceability of preceding cycles of multiplication.;
2014/02/07
Committee: ENVI
Amendment 335 #
Proposal for a regulation
Article 50 – paragraph 1 – point c a (new)
(ca) the variety can be shown to be commonly known to consumers from information available in the public domain.
2014/02/07
Committee: ENVI
Amendment 337 #
Proposal for a regulation
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.
2014/02/07
Committee: ENVI
Amendment 361 #
Proposal for a regulation
Article 56 – paragraph 2 – point c
(c) in case they belong to genera or species with particular importance for the sustainable development of agriculture in the Union, as referred to in paragraph 6, they have a sustainable value for cultivation and/or use pursuant to Article 59.deleted
2014/02/07
Committee: ENVI
Amendment 363 #
Proposal for a regulation
Article 56 – paragraph 4 – point b
(b) they do not belong to genera or species with particular importance for the satisfactory development of agriculture in the Union, as referred to in paragraph 5;
2014/02/07
Committee: ENVI
Amendment 364 #
Proposal for a regulation
Article 56 – paragraph 4 – point c
(c) in case they belong to genera or species with particular importance for the sustainable development of agriculture in the Union, as referred to in paragraph 6, they have a sustainable value for cultivation and/or use pursuant to Article 59;deleted
2014/02/07
Committee: ENVI
Amendment 369 #
Proposal for a regulation
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 IV.
2014/02/07
Committee: ENVI
Amendment 374 #
Proposal for a regulation
Article 11 – paragraph 4 a (new)
4a. Species used exclusively as ornamentals are excluded.
2013/12/18
Committee: AGRI
Amendment 375 #
Proposal for a regulation
Article 11 – paragraph 4 a (new)
4a. This Title shall not apply to: - Species exclusively for ornamental use; - Plant reproductive material of Annex I species intended for ornamental uses or for use solely by non-professional users, unless a higher level of control is needed for plant health purposes. - Plant reproductive material of Annex I species intended for ornamental use or marketed in small quantities to non- professional users, such as home gardeners.
2013/12/18
Committee: AGRI
Amendment 382 #
Proposal for a regulation
Article 57 – paragraph 1 – point b a (new)
(ba) in case the variety has been newly bred, it is of a species or type developed for specialised markets such as for organic production.
2014/02/07
Committee: ENVI
Amendment 384 #
Proposal for a regulation
Article 57 – paragraph 1 – point b b (new)
(bb) in case it is a niche market variety as defined in Article 36.
2014/02/07
Committee: ENVI
Amendment 386 #
Proposal for a regulation
Article 57 – paragraph 2 – point a
(a) it is produced in the region(s) of origin;deleted
2014/02/07
Committee: ENVI
Amendment 395 #
Proposal for a regulation
Article 57 – paragraph 4 – introductory part
4. TFor varieties referred to paragraphs 1 (a) and (b), the officially recognised description shall comply with the following requirements:
2014/02/07
Committee: ENVI
Amendment 400 #
Proposal for a regulation
Article 57 – paragraph 4 – point b a (new)
(ba) the hybrid material shall be identifiable and described, including the breeding scheme and parental material used.
2014/02/07
Committee: ENVI
Amendment 401 #
Proposal for a regulation
Article 58 – title
Satisfactory vValue for cultivation and/or use
2014/02/07
Committee: ENVI
Amendment 402 #
Proposal for a regulation
Article 58 – paragraph 1
1. For the purpose of paragraph 2(b) of Article 56, varieties shall be deemed to have a satisfactory value for cultivation and/or use if, compared to other varieties examined under similar agro-climatic conditions and similar production systems, their characteristics, taken as a whole, offer, at least as far as production in any region is concerned, a clear improvement either for cultivation in general or for the specific uses which can be made of the crops or the products derived therefrom.
2014/02/07
Committee: ENVI
Amendment 405 #
Proposal for a regulation
Article 58 – paragraph 2 – subparagraph 1 – introductory part
Member States shall adopt rules concerning the examinations to determine the satisfactory value for cultivation and/or use of the varieties to be registered in their national variety register. Those rules shall concern the characteristics of the varieties in one or more of the following areas:
2014/02/07
Committee: ENVI
Amendment 406 #
Proposal for a regulation
Article 58 – paragraph 2 – subparagraph 1 – point b a (new)
(ba) resistance to pests;
2014/02/07
Committee: ENVI
Amendment 407 #
Proposal for a regulation
Article 58 – paragraph 2 – subparagraph 1 – point b b (new)
(bb) decreased content of undesirable substances; or
2014/02/07
Committee: ENVI
Amendment 408 #
Proposal for a regulation
Article 58 – paragraph 2 – subparagraph 1 – point b c (new)
(bc) increased adaptation to divergent agro-climatic environment.
2014/02/07
Committee: ENVI
Amendment 409 #
Proposal for a regulation
Article 59
Article 59 Sustainable value for cultivation and/or use 1. For the purpose of paragraph 2(c) and paragraph 3(c) of Article 56, varieties shall be deemed to have a sustainable value for cultivation and/or use if, compared to other varieties examined under similar agro-climatic conditions and similar production systems, their characteristics, taken as a whole, offer, at least as far as susceptibility to pests, input of resources, susceptibility to undesirable substances or adaptation to divergent agro-climatic conditions are concerned, a clear improvement either for cultivation in general or for the specific uses which can be made of the crops or the products derived there from. 2. The Commission shall be empowered to adopt delegated acts, in accordance with Article 140, setting out rules concerning the examinations to determine the sustainable value for cultivation and/or use of the varieties. Those rules shall concern the characteristics of the varieties in one or more of the following areas: (a) resistance to pests; (b) reduced need for input of specific resources; (c) decreased content of undesirable substances; or (d) increased adaptation to divergent agro-climatic environment. Those rules shall take into account, where applicable, the available technical protocols.deleted
2014/02/07
Committee: ENVI
Amendment 413 #
Proposal for a regulation
Article 60 – paragraph 2 – point a
(a) that variety is included in a nationn official variety register or in a Union variety registerny country;
2014/02/07
Committee: ENVI
Amendment 414 #
Proposal for a regulation
Article 60 – paragraph 2 – point b
(b) an application has been filed for registration of that variety in a nationn official variety register pursuant to Article 66, or in the Union variety register pursuant to Article 95(1), o, or for the granting of a plant variety right in respect of that variety in any country, as long as the application entails entrance into the official variety register for the granting of a plant variety right in respect of that variety in the Union;
2014/02/07
Committee: ENVI
Amendment 424 #
Proposal for a regulation
Article 63 – paragraph 1
If a variety has been granted a plant variety right pursuant to Article 62 of Regulation (EC) No 2100/1994, or pursuant to the legislation of a Member State, that variety shall be deemed to be distinct, uniform and stable, for the purpose of the official description as referred to in point (a) of Article 56(2) and (3) and to have a suitable denomination for the purposes of point (a) of Article 56(1) or species not subject to the requirements of Article 56(2)(b) and Article 56 for value for cultivation or use, a variety granted a plant variety right shall be added without further consideration to the national or Union register as appropriate under Articles 51 and 52. For species without a VCU requirement, the requirements for variety registration are met by the requirements for plant variety rights, making a separate application an unnecessary burden.
2014/02/07
Committee: ENVI
Amendment 425 #
Proposal for a regulation
Article 63 – paragraph 1
If a variety has been granted a plant variety right pursuant to Article 62 of Regulation (EC) No 2100/1994, or pursuant to the legislation of a Member State, that variety shall be deemed to be distinct, uniform and stable, for the purpose of the official description as referred to in point (a) of Article 56(2) and (3) and to have a suitable denomination for the purposes of point (a) of Article 56(1). For those species not subject to the requirements of Article 56(2)(b) and Article 56 for value for cultivation or use, a variety granted a plant variety right shall be added directly to the national or Union register as appropriate under Articles 51 and 52.
2014/02/07
Committee: ENVI
Amendment 427 #
Proposal for a regulation
Article 64 – paragraph 1 – introductory part
1. For the purposes of point (a) of Article 56(1), the denomination of a variety shall not be deemed suitable if:comply with Article 63 of Regulation 2100/94 and the CPVO Guidelines on variety denomination21e 21e OJ L 227, 1.9.1994, p. 1 - 30
2014/02/07
Committee: ENVI
Amendment 429 #
Proposal for a regulation
Article 64 – paragraph 1 – point a
(a) its use in the territory of the Union is precluded by the prior right of a third party;deleted
2014/02/07
Committee: ENVI
Amendment 430 #
Proposal for a regulation
Article 64 – paragraph 1 – point b
(b) it may commonly cause its users difficulties as regards recognition or reproduction;deleted
2014/02/07
Committee: ENVI
Amendment 432 #
Proposal for a regulation
Article 64 – paragraph 1 – point c
(c) it is identical to, or may be confused with, a variety denomination under which another variety of the same or of a closely related species is entered in a national variety register or in the Union variety register, or under which material of another variety has been made available on the market in a Member State or in a Member of the International Union for the Protection of New Varieties of Plants, unless that other variety no longer remains in existence and its denomination has acquired no special significance;deleted
2014/02/07
Committee: ENVI
Amendment 434 #
Proposal for a regulation
Article 64 – paragraph 1 – point d
(d) it is identical to, or may be confused with, other designations which are commonly used for the making available on the market of goods or which have to be kept free pursuant to other Union legislation;deleted
2014/02/07
Committee: ENVI
Amendment 435 #
Proposal for a regulation
Article 64 – paragraph 1 – point e
(e) it is liable to give offence in one of the Member States or is contrary to public order;deleted
2014/02/07
Committee: ENVI
Amendment 437 #
Proposal for a regulation
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.deleted
2014/02/07
Committee: ENVI
Amendment 441 #
Proposal for a regulation
Article 64 – paragraph 4
4. The Commission shall be empowered to adopt delegated acts, in accordance with Article 140, setting out specific rules concerning the suitability of variety denominations. Those rules may concern: (a) their relation to denominations of trademarks; (b) their relation to geographical indications or designations of origin for agricultural products; (c) written consents of holders of prior rights to remove impediments to the suitability of a denomination; (d) specific criteria to determine whether a denomination is misleading or confusing as referred to in paragraph 1(f); and (e) the use of a denomination in the form of a code.
2014/02/07
Committee: ENVI
Amendment 446 #
Proposal for a regulation
Article 66 – paragraph 2
2. The application referred to in paragraph 1 shall be submitted in writing. That submission may take place or electronically.
2014/02/07
Committee: ENVI
Amendment 461 #
Proposal for a regulation
Article 71 – paragraph 2 – introductory part
2. The technical examination referred to in paragraph 1 shall verifyassess:
2014/02/07
Committee: ENVI
Amendment 462 #
Proposal for a regulation
Article 71 – paragraph 2 – point b
(b) where applicable, that the variety has a satisfactory value for cultivation and/or use, according to Article 58(1) and a sustainable value for cultivation and/or use according to Article 59(1).
2014/02/07
Committee: ENVI
Amendment 463 #
Proposal for a regulation
Article 71 – paragraph 3 – subparagraph 2
On request submitted by the applicant to the competent authority,The competent authority may allow the applicant or any legal person acting on their behalf, to carry out the technical examination, or part of it, may be carried out by the applicant, in accordance with the provisions of Article 73 and the requirements referred to in Article 74.
2014/02/07
Committee: ENVI
Amendment 465 #
Proposal for a regulation
Article 71 – paragraph 4
4. In case an official description of the variety, producWhere a DUS result has been accepted by the Agency or aother competent authority, is already available, the competent authority shall decide thatnot require the technical examination referred todescribed in paragraph 1 is not necessary2(a).
2014/02/07
Committee: ENVI
Amendment 468 #
Proposal for a regulation
Article 71 – paragraph 5
5. By way of derogation from paragraph 4, the competent authority may decide that the technical examination referred to in paragraph 12 (b) is necessary in the case of a variety the registration of which is requested pursuant to point (b) Article 57(1).
2014/02/07
Committee: ENVI
Amendment 472 #
Proposal for a regulation
Article 73 – paragraph 1
1. The applicant, or other legal person acting on their behalf, may carry out the technical examination referred to in Article 71(1), or part of it, only if it has been authorised thereto by the competent authority. Technical examination by the applicant shall be carried out in particular premises, which are dedicated to this purpose.
2014/02/07
Committee: ENVI
Amendment 473 #
Proposal for a regulation
Article 73 – paragraph 2 – introductory part
2. Prior to granting the authorisation to carry out the technical examination, the competent authority or delegated body shall audit the premises and the organisation of the applicant or legal person acting on behalf of the applicant. That audit shall verify whether the premises and organisation are suitable for carrying out the technical examination as regards:
2014/02/07
Committee: ENVI
Amendment 473 #
Proposal for a regulation
Article 15 a (new)
Article 15 a Requirements for Niche Market Varieties 1) Plant reproductive material may made available on the market as niche market varieties on the basis of an officially recognised description where: (a) the varieties or landraces concerned have no intrinsic value for commercial crop production, but have been developed for growing under particular conditions. A variety shall be considered as having been developed for growing under particular conditions if it has been developed for growing under particular agro-technical, climatic or pedological conditions, such as manual care or repeated harvesting. (b) it is labelled with the indication 'niche market material'. 2) The persons who produce niche market material shall keep records of the quantities of the material produced and made available on the market per genera, species or type of material. On request, they shall make those records available to the competent authorities. 3) Niche market varieties shall be sold in quantities no larger than those sufficient to sow or plant 0.25 ha of land at usual sowing or planting rates for the species concerned.
2013/12/18
Committee: AGRI
Amendment 474 #
Proposal for a regulation
Article 73 – paragraph 2 – point a
(a) compliance with the requirements for distinctiveness, uniformity and stability referred to in Articles 60, 61 and 62; andor
2014/02/07
Committee: ENVI
Amendment 475 #
Proposal for a regulation
Article 73 – paragraph 2 – point b
(b) compliance with the requirements of a satisfactory value for cultivation and/or use referred to in Article 58(1);
2013/12/18
Committee: ENVI
Amendment 476 #
Proposal for a regulation
Article 73 – paragraph 2 – point c
(c) compliance with the requirements of a sustainable value for cultivation and/or use referred to in Article 59(1).deleted
2013/12/18
Committee: ENVI
Amendment 477 #
Proposal for a regulation
Article 73 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts, in accordance with Article 140, setting out the rules concerning the audit referred to in paragraph 2.
2013/12/18
Committee: ENVI
Amendment 480 #
Proposal for a regulation
Article 74 – paragraph 1 – subparagraph 1 – point d
(d) the establishment of quality management systems, including record of activities and CPVO protocols or UPOV guidelines, to be used for the technical examination;
2013/12/18
Committee: ENVI
Amendment 483 #
Proposal for a regulation
Article 76 – title
Provisional examination report and provisional official descripComplementary examination
2013/12/18
Committee: ENVI
Amendment 484 #
Proposal for a regulation
Article 76 – paragraph 1
1. Following the technical examination referred to in Article 71(1), the competent authority shall produce a provisional examination report and, where it considers that the distinctiveness, uniformity and stability requirements, as referred to in Articles 60, 61 and 62, are complied with, a provisional official description of the variety on the basis of that report.deleted
2013/12/18
Committee: ENVI
Amendment 485 #
Proposal for a regulation
Article 76 – paragraph 2
2. The provisional examination report may refer to findings of other examination reports, produced on the relevant variety, by the competent authority concerned, other competent authorities or the Agency.deleted
2013/12/18
Committee: ENVI
Amendment 486 #
Proposal for a regulation
Article 76 – paragraph 3
3. The competent authority shall communicate the provisional examination report and the provisional official description of the variety to the applicant.deleted
2013/12/18
Committee: ENVI
Amendment 487 #
Proposal for a regulation
Article 77 – paragraph 1 a (new)
1a. Applicants shall be given the opportunity to visit sites where the technical examination is carried out, to be given the results of the examination, provide additional information, and discuss the results with the competent authority.
2013/12/18
Committee: ENVI
Amendment 496 #
Proposal for a regulation
Article 85
Article 85 Deletion from national variety registers 1. The competent authority shall decide to delete a variety from the national variety register, in the following cases: (a) if the competent authority concludes, on the basis of any new evidence, that the requirements for registration, as set out in Article 56 are no longer fulfilled; (b) if a request to delete the variety from the national variety register has been submitted by the applicant; (c) if the applicant does not pay the annual fee pursuant to point (d) of Article 87(1)(e); (d) if the person responsible for the maintenance of the variety, as referred to in Article 86(1), so requests, unless maintenance of the variety is assured by another person; (e) if the variety is no longer maintained pursuant to requirements of Article 86; (f) if the variety is maintained in a third country, that third country has not provided assistance on the controls of that maintenance pursuant to Article 86(8); (g) if at the time of the application, false or fraudulent data were supplied concerning the facts on the basis of which the registration was decided; (h) if, by the deadline to submit an application for renewal referred to in Article 84(1), the applicant has not submitted such an application and the validity period referred to in Article 82(1) has expired. 2. On request by the applicant, the competent authority may allow a variety deleted from the national variety register in accordance to paragraph 1(b) to continue to be made available on the market until 30 June of the third year following the deletion from the register. That request shall be submitted no later than the date of the expiration of the registration period. 3. After a variety is deleted from the national variety register, the competent authority shall submit a sample of that variety, and its description, to a gene bank dedicated to the conservation of genetic resources.deleted
2013/12/18
Committee: ENVI
Amendment 501 #
Proposal for a regulation
Article 85 – paragraph 3
3. After a variety is deleted from the national variety register, the competent authority shall submit a sample of that variety, and its description, to a gene bank dedicated to the conservation of genetic resources.deleted
2013/12/18
Committee: ENVI
Amendment 592 #
Proposal for a regulation
Article 36
[ ]deleted
2013/12/18
Committee: AGRI
Amendment 628 #
Proposal for a regulation
Article 36 – paragraph 2
2. The persons who produce niche market material shall keep records of the quantities of the material produced and made available on the market, per genera, species or type of material. On request, they shall make those records available to the competent authorities.deleted
2013/12/18
Committee: AGRI
Amendment 633 #
Proposal for a regulation
Article 36 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts, in accordance with Article 140, setting out, with regard to the production and making available on the market of niche material belonging to particular genera or species, one or more of the following: (a) the maximum size of packages, containers or bundles; (b) requirements concerning traceability, lots and labelling of the niche market material concerned. (c) modalities of making available on the market.
2013/12/18
Committee: AGRI
Amendment 653 #
Proposal for a regulation
Article 37 – paragraph 1 – subparagraph 1
1. In order to remove temporary difficulties in the general supply of plant reproductive material that may occur in a Member State, the competent authority of the Member State concerned may authorise the making available on the market of seed with a reduced germination rate, provided that such rate is reduced by less than 510% compared to the germination rate required pursuant to Article 16(2).
2013/12/18
Committee: AGRI
Amendment 655 #
Proposal for a regulation
Article 37 – paragraph 4 a (new)
4a. In order to remove temporary difficulties in the general supply of plant reproductive material that may occur in a Member State, the competent authority of the Member State concerned may authorise the making available on the market of plant reproductive material with reduced quality requirements, other than the reduced germination requirements as referred to in paragraph 1, compared to the quality requirements applicable pursuant to Article 16(2). That authorisation shall be granted, on the basis of a reasoned request submitted by the professional operator concerned, for a specific period of time which shall not exceed four months, while seed imports from remaining Member States must be listed on the appropriate Member State National List. The label of the plant reproductive material made available on the market pursuant to this paragraph shall be brown. It shall state that the reproductive material in question complies with lower quality requirements than those referred to in Article 16(2).
2013/12/18
Committee: AGRI
Amendment 658 #
Proposal for a regulation
Article 38 – paragraph 2
2. Plant reproductive material referred to in paragraph 1 may be made available on the market only once from one professional operator to another, without being further transferred to any other personby the operator who is authorised according to Article 23 or under the official supervision of the Competent Authority.
2013/12/18
Committee: AGRI
Amendment 663 #
Proposal for a regulation
Article 39 – paragraph 1
1. Competent authorities may authorise the makingProfessional operators may make available on the market of seeds for a specific period of time, as pre- basic, basic or certified material, without the germination requirements established pursuant to Article 16(2) having been yet confirmed, if this is considered necessary to make seed rapidly available on the market.
2013/12/18
Committee: AGRI
Amendment 666 #
Proposal for a regulation
Article 39 – paragraph 2
2. Seed referred to in paragraph 1 may be made available on the market only once, from one professional operator to another, without being further transferred to any other person, on the basis of a provisional analytical report concerning germination.
2013/12/18
Committee: AGRI
Amendment 694 #
Proposal for a regulation
Article 47
This Title shall apply to the production and making available on the market of plant reproductive material: a) belonging to genera and species other than the ones listed in Annex I; b) belonging to species listed in Annex I and marketed in small quantities to non- professional end users; c) belonging to species listed in Annex I but marketed solely for ornamental use.
2013/12/18
Committee: AGRI
Amendment 718 #
Proposal for a regulation
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.
2013/12/18
Committee: AGRI
Amendment 807 #
Proposal for a regulation
Article 57 – paragraph 1 – point b a (new)
(ba) in case the variety has been newly bred, it is of a species or type developed for specialised markets such as for organic production.
2013/12/18
Committee: AGRI
Amendment 811 #
Proposal for a regulation
Article 57 – paragraph 1 – point b b (new)
(bb) in case it is a niche market variety as defined in Article 36.
2013/12/18
Committee: AGRI