Activities of Irène TOLLERET related to 2023/0227(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on the production and marketing of plant reproductive material in the Union, amending Regulations (EU) 2016/2031, 2017/625 and 2018/848 of the European Parliament and of the Council, and repealing Council Directives 66/401/EEC, 66/402/EEC, 68/193/EEC, 2002/53/EC, 2002/54/EC, 2002/55/EC, 2002/56/EC, 2002/57/EC, 2008/72/EC and 2008/90/EC (Regulation on plant reproductive material)
Amendments (55)
Amendment 66 #
Proposal for a regulation
Recital 5
Recital 5
(5) In order to achieve this transition to sustainable 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, to face the challenges of climate change, to protect and restore biodiversity while ensuring food security and to meet increasing farmers’ and consumers’ expectations related to quality and sustainability of PRM.
Amendment 70 #
Proposal for a regulation
Recital 8
Recital 8
(8) Furthermore, some varieties may have certain characteristics that, when cultivated under certain conditions, could have undesirable agronomic effects that would undermine the objective of the Regulation to contribute to the sustainability of agricultural production. This objective can only be achieved if such varieties are subject to appropriate cultivation conditions established at EU level and under which those undesirable agronomic effects are avoided. Those conditions should apply to the cultivation of those varieties for the production of food, feed or industrial materials and not only when intended for the production and marketing of PRM. Therefore, this Regulation should cover the conditions under which those varieties are cultivated, also for the production of food, feed or other products.
Amendment 71 #
Proposal for a regulation
Recital 12
Recital 12
(12) This Regulation should cover neither PRM exported to third countries, nor PRM used solely for official testing, breeding, inspections, exhibitions or scientific purposes, including on-farm research. This is because such categories of PRM do not require particular harmonised identity or quality standards and do not compromise the identity and quality of other PRM marketed in the Union.
Amendment 91 #
Proposal for a regulation
Recital 35
Recital 35
(35) Many gene banks,conservation organisations and networks operate in the Union with an objective to conserve plant genetic resources. In order to facilitate their activity, it is appropriate to allow that PRM which is marketed to them, or among them, derogates from the established production and marketing requirements, and that instead it complies with less stringent rules.
Amendment 96 #
Proposal for a regulation
Recital 38
Recital 38
(38) The use of PRM that does not belong to a variety pursuant to this Regulation, but rather belongs to a plant grouping within a single botanical taxon, with a high level of genetic and phenotypic diversity between individual reproductive units (‘heterogeneous material’), could have benefits especially in organic production and low input agriculture, through improving resilience and increasing the within-species genetic diversity of cultivated plants. Therefore, PRM of heterogeneous material, with the exception of fodder plants, should be allowed to be produced and marketed without having to comply with the requirements for variety registration and the other production and marketing requirements of this Regulation. Specific requirements for the production and marketing of that material should be set out.
Amendment 107 #
Proposal for a regulation
Recital 49
Recital 49
(49) In order to contribute to the sustainability of agricultural production and serve economic, environmental and broader societal needs, new varieties of all genera or species should show an improvement compared to the other varieties of the same genera or species registered in the same national variety register, concerning certain aspects. Among those aspects are their yield, including yield stability and yield under low input conditions; tolerance/resistance to biotic stresses, including plant diseases caused by nematodes, fungi, bacteria, viruses, insects and other pests; tolerance/resistance to abiotic stresses, including adaptation to climate change conditions; more efficient use of natural resources, such as water and nutrients; reduced need for external inputs, such as plant protection products and fertilisers; characteristics that enhance the sustainability of cultivation, harvesting, storage, processing and, distribution; and use, and quality or nutritional characteristics (‘value for sustainable cultivation and use’). For the purpose of deciding on the variety registration and in order to provide sufficient flexibility to register varieties with the most desirable characteristics, those aspects should be considered for a given variety as a whole.
Amendment 113 #
Proposal for a regulation
Recital 60 a (new)
Recital 60 a (new)
(60 a) Some conventionally bred varieties are already linked to patents and, in the future, new EU legislation on new genomic techniques may trigger a proliferation of varieties with patented traits. In this context, it is convenient that this regulation provides more transparency by indicating in the national and Union registers the presence of any patent covered by varieties so that breeders and farmers can make informed choices.
Amendment 114 #
Proposal for a regulation
Recital 64
Recital 64
Amendment 126 #
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 3
Article 2 – paragraph 1 – subparagraph 3
The requirements concerning production and imports of PRM shall apply only to production with a view to its marketing in the Union.
Amendment 137 #
Proposal for a regulation
Article 2 – paragraph 2 – point f a (new)
Article 2 – paragraph 2 – point f a (new)
(f a) to support innovation for the development of resilient PRM that would contribute to enhance crops that favor soil protection, such as leguminous;
Amendment 143 #
Proposal for a regulation
Article 2 – paragraph 3 – subparagraph 2 – point a
Article 2 – paragraph 3 – subparagraph 2 – point a
(a) represent a significantconsiderable area of production of PRM and a significantconsiderable value of marketed PRM in the Union
Amendment 145 #
Proposal for a regulation
Article 2 – paragraph 3 – subparagraph 2 – point c a (new)
Article 2 – paragraph 3 – subparagraph 2 – point c a (new)
(c a) present an interest in term of agronomy, sustainability or nutritional characteristics.
Amendment 162 #
Proposal for a regulation
Article 2 – paragraph 4 – point e
Article 2 – paragraph 4 – point e
(e) PRM used solely for official testing, breeding, inspections, exhibitions or scientific purposes, including on-farm research.
Amendment 169 #
Proposal for a regulation
Article 2 – paragraph 4 – point e a (new)
Article 2 – paragraph 4 – point e a (new)
(e a) PRM managed by public gene banks.
Amendment 247 #
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 or developed under specific local conditions in the Union, and adapted to those conditions; and
Amendment 263 #
Proposal for a regulation
Article 3 – paragraph 1 – point 31
Article 3 – paragraph 1 – point 31
(31) ‘practically free from pests’ means completely free from pests, or a situation where the presence of quality pests on the respective PRM is so low that those pests do not affect adversely the quality of that PRM;
Amendment 272 #
Proposal for a regulation
Article 3 – paragraph 1 – point 35 a (new)
Article 3 – paragraph 1 – point 35 a (new)
(35 a) ‘NGT plant’ means plants obtained by certain new genomic techniques as defined in Article 3, point 2 of Regulation (EU) [Office of Publications, please insert reference to Regulation on plants obtained by certain new genomic techniques and their food and feed] of the European Parliament and of the Council;
Amendment 293 #
Proposal for a regulation
Article 7 – paragraph 1 – point b – introductory part
Article 7 – paragraph 1 – point b – introductory part
(b) it is produced and marketed:
Amendment 306 #
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – point f
Article 7 – paragraph 4 – subparagraph 1 – point f
(f) germination rates, purity and content of other PRM, moisture, vigour, presence of earth or extraneous matter;
Amendment 313 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 369 #
Proposal for a regulation
Article 14 – paragraph 5 – subparagraph 1
Article 14 – paragraph 5 – subparagraph 1
By way of derogation from paragraph 1, seeds may be marketed from athe last generation of seeds before commercialization to professional operator directly to a farmermay be marketed in bulk.
Amendment 434 #
Proposal for a regulation
Article 27 – paragraph 4
Article 27 – paragraph 4
4. Any professional operator producing and/or intending to market PRM of heterogeneous material shall submit a notification to the competent authority prior to marketing. If no further information is requested by the national competent authority within a time determined by the competent authority,3 months the PRM of heterogeneous material may be marketed.
Amendment 461 #
Proposal for a regulation
Article 29 – title
Article 29 – title
PRM marketed to and between gene banks,conservation organisations and networks
Amendment 463 #
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1
Article 29 – paragraph 1 – subparagraph 1
By way of derogation from Articles 5 to 25, PRM may be marketed to, or between, gene banks, conservation organisations and networks, including inter alia farmers, with a statutory objective, or an objective official notified to the competent authority, to conserve plant genetic resources, whereby any of the activities are carried out for non- profit purposes.
Amendment 469 #
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 2
Article 29 – paragraph 1 – subparagraph 2
It can be marketed as well from those gene banks,conservation organisations and networks to persons who carry out conservation of that PRM as final consumers, for non- profit purposes.
Amendment 473 #
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 3 – point a
Article 29 – paragraph 1 – subparagraph 3 – point a
(a) be listed in a register kept by those gene banks,conservation organisations and networks with an appropriate description of that PRM;
Amendment 476 #
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 3 – point b
Article 29 – paragraph 1 – subparagraph 3 – point b
(b) be conserved by those gene banks,conservation organisations and networks, and samples of that PRM be made available by them to the competent authorities upon request; and
Amendment 483 #
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. The gene banks,conservation organisations and networks shall notify the competent authority of the use of the derogation referred to in paragraph 1 and the species concerned.
Amendment 512 #
Proposal for a regulation
Article 30 – paragraph 2 – point a
Article 30 – paragraph 2 – point a
(a) not to belong to a to variety for which plant variety rights have been applied or granted in accordance with Regulation (EU) 2100/94;
Amendment 527 #
Proposal for a regulation
Article 31
Article 31
Amendment 534 #
Proposal for a regulation
Article 32 – paragraph 1 – subparagraph 2
Article 32 – paragraph 1 – subparagraph 2
Such authorisation may be granted for a maximum period of 3 3years in the case of seeds, and 5 years in the case of PRM other than seeds, and for smalllimited quantities per species as specified by the competent authority in correlation with the volume of production at Member State level.
Amendment 537 #
Proposal for a regulation
Article 32 – paragraph 2 – introductory part
Article 32 – paragraph 2 – introductory part
2. By way of derogation from Articles 5, 7, 10 -12, 15, 20, 23 and 24, a competent authority may authorise professional operators for a maximum period of 3 years in the case of seeds, and 5 years in the case of PRM other than seeds, and for smalllimited quantities per species as determined by the competent authority, in correlation with the volume of production at Member State level, to produce and market PRM belonging to a variety not yet registered in a national variety register referred to in Article 44, if all of the following requirements are fulfilled:
Amendment 576 #
Proposal for a regulation
Article 43
Article 43
Amendment 587 #
Proposal for a regulation
Article 47 – paragraph 1 – subparagraph 1 – point f
Article 47 – paragraph 1 – subparagraph 1 – point f
(f) where the varieties are tolerant to herbicides, they are subject to cultivation conditions for the production of PRM and for any other purpose, adopted pursuant to paragraph 3 or, in the case they have not been adopted, as adopted by the competent authorities responsible for registration, to avoid the development of herbicide resistance in weeds due to their use; where a plan establishing such cultivation conditions has already been submitted, it shall apply also to the registrations of subsequent varieties with similar characteristics;
Amendment 595 #
Proposal for a regulation
Article 47 – paragraph 1 – subparagraph 1 – point g
Article 47 – paragraph 1 – subparagraph 1 – point g
(g) where the varieties have particular characteristics other than the ones referred to in point (f) that may lead to undesirable agronomic effects, they are subject to cultivation conditions for the production of PRM and any other purpose, adopted pursuant to paragraph 3 or, in the case they have not been adopted, as adopted by the competent authorities responsible for their registration, to avoid those particular undesirable agronomic effects, such as the development of resistance of pests to the respective varieties or undesirable effects on pollinators; where a plan establishing such cultivation conditions has already been submitted, it shall apply also to the registrations of subsequent varieties with similar characteristics.
Amendment 601 #
Proposal for a regulation
Article 47 – paragraph 4
Article 47 – paragraph 4
4. For the purpose of registering a variety in its national variety register, a competent authority shall accept, without any further examination,may use an official description or an official examination of the requirements for value for sustainable cultivation and use, as referred to in paragraph 1, point (a)(i), which has been produced by a competent authority of another Member State, if equivalent recognition measures exist between the two competent authorities.
Amendment 604 #
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
1. For the purposes of the official description, referred to in Article 47(1), point (a), a variety shall be deemed to be distinct, if it is clearly distinguishable, by reference to the expression of the characteristics that results from a particular genotype or combination of genotypes, from any other variety whose existence isof commonly knownledge on the date of the submission of the application established in accordance with Article 58.
Amendment 612 #
Proposal for a regulation
Article 52 – paragraph 1 – subparagraph 2 – point f
Article 52 – paragraph 1 – subparagraph 2 – point f
(f) characteristics that enhance the sustainability ofcultivation, harvesting, storage, processing and, distribution; and use.
Amendment 619 #
Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 2 a (new)
Article 52 – paragraph 3 – subparagraph 2 a (new)
For vegetables, fruit and vine propagating material, these delegated acts should provide for a relaxation of minimum requirements, as well as methodologies and standards adapted to the specific features of these sectors, to avoid holding back diversity and innovation.
Amendment 625 #
Proposal for a regulation
Article 53 – paragraph 1 – point b
Article 53 – paragraph 1 – point b
(b) it has an indication of its initial region of origin or the local conditions to which has been bred for;
Amendment 629 #
Proposal for a regulation
Article 53 – paragraph 2 – subparagraph 2
Article 53 – paragraph 2 – subparagraph 2
The competent authority shall accept or reject the registration of a conservation variety, after checking its compliance with paragraph 1. Decisions refusing the registration of a conservation variety in the national variety register shall state the reasons justifying such refusal. The competent authority shall communicate to the applicant the decision.
Amendment 642 #
Proposal for a regulation
Article 54 – paragraph 1 – point c – paragraph 2
Article 54 – paragraph 1 – point c – paragraph 2
Amendment 662 #
Proposal for a regulation
Article 61 – paragraph 1 – introductory part
Article 61 – paragraph 1 – introductory part
1. By way of derogation from Article 59(2), the technical examination of whether the variety has a sustainable value for cultivation and use, in accordance with Article 52, or part of it, may bethe competent authority may authorize that the VSCU is carried out by the applicant if:
Amendment 669 #
Proposal for a regulation
Article 63 – paragraph 3
Article 63 – paragraph 3
3. This Article shall apply without prejudice to Article 8 of Regulation (EU) 2017/625. The competent authorities shall take due account of the respect of confidentiality of commercial or industrial information where such confidentiality is provided for by Union or national law to protect a legitimate economic interest.
Amendment 686 #
Proposal for a regulation
Article 70 – paragraph 4
Article 70 – paragraph 4
4. The competent authority may, on its own initiative, renew the registration of a variety, if it is still in large demand by the professional operators and farmers concerned, or it should be retained in the interest of conserving plant genetic resources, provided that the variety is no longer protected by a plant breeders’ right title according to Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights, or national intellectual property rights. .
Amendment 700 #
Proposal for a regulation
Article 81
Article 81
Regulation 2018/848
Article 3, Article 13, Annex II
Article 3, Article 13, Annex II
Amendment 709 #
Proposal for a regulation
Annex I – Part A – paragraph 20 a (new)
Annex I – Part A – paragraph 20 a (new)
Camelina sativa.
Amendment 710 #
Proposal for a regulation
Annex I – Part A – paragraph 23 a (new)
Annex I – Part A – paragraph 23 a (new)
Cicer arietinum.
Amendment 711 #
Proposal for a regulation
Annex I – Part A – paragraph 25 a (new)
Annex I – Part A – paragraph 25 a (new)
Fagopyrum fagopyrum (L.)
Amendment 712 #
Proposal for a regulation
Annex I – Part A – paragraph 38 a (new)
Annex I – Part A – paragraph 38 a (new)
Lens culinaris.
Amendment 713 #
Proposal for a regulation
Annex I – Part A – paragraph 88 a (new)
Annex I – Part A – paragraph 88 a (new)
Triticum monococcum.
Amendment 717 #
Proposal for a regulation
Annex I – Part B – paragraph 29 a (new)
Annex I – Part B – paragraph 29 a (new)
Salvia hispanica.
Amendment 783 #
Proposal for a regulation
Annex VII – paragraph 1 – point g
Annex VII – paragraph 1 – point g
(g) in the case of varieties with officially recognised description and, if appropriate, an indication of the region(s), where the variety has historictraditionally been grown and to which it is naturally adapted (‘region(s) of origin’), in case of newly bred conservation varieties, to which local growing conditions it is adapted;
Amendment 786 #
Proposal for a regulation
Annex VII – paragraph 1 – point p a (new)
Annex VII – paragraph 1 – point p a (new)
(pa) where applicable, the indication that the variety is a “conservation variety”.
Amendment 789 #
Proposal for a regulation
Annex VII – paragraph 1 – point t a (new)
Annex VII – paragraph 1 – point t a (new)
(ta) whether there are any intellectual property rights applying to the variety, including, where applicable, the code of each patent.