Activities of Ivan DAVID 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 (50)
Amendment 108 #
Proposal for a regulation
Article 2 – paragraph 3 – subparagraph 2 – introductory part
Article 2 – paragraph 3 – subparagraph 2 – introductory part
The delegated act referred to in the first subparagraph shall add genera or species to the list in Annex I if they fulfil at least twoone of the following elements:
Amendment 111 #
Proposal for a regulation
Article 2 – paragraph 4 – point d
Article 2 – paragraph 4 – point d
(d) PRM for which plant variety rights have not been granted sold or transferred in any way, whether free of charge or not, between final users for their own private use and outside their commercial activities; and outside the scope of ensuring their production activities
Amendment 117 #
Proposal for a regulation
Article 3 – paragraph 1 – point 2 – point e a (new)
Article 3 – paragraph 1 – point 2 – point e a (new)
(ea) import
Amendment 118 #
Proposal for a regulation
Article 3 – paragraph 1 – point 2 – point e b (new)
Article 3 – paragraph 1 – point 2 – point e b (new)
(eb) breeding of varieties
Amendment 120 #
Proposal for a regulation
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘marketing’ means the following actions conducted by a professional operator for commercial use: sale, holding, transfer for free, or offering for sale or any other way of transferring or distribution within, or import into, the Union,
Amendment 122 #
Proposal for a regulation
Article 3 – paragraph 1 – point 17
Article 3 – paragraph 1 – point 17
(17) ‘standard seed’ means seed, other than pre-basic, basic or certified seed, that is not intended for further multiplication, andhas been produced from pre-basic, basic, certified or standard seed, that satisfies the respective conditions laid down in Part A of Annex III;
Amendment 123 #
Proposal for a regulation
Article 3 – paragraph 1 – point 21
Article 3 – paragraph 1 – point 21
(21) ‘standard material’ means PRM other than seed, and other than pre-basic, basic or certified material, that is not intended for further multiplication, andhas been produced from pre-basic, basic, certified or standard material, that satisfies the respective conditions laid down in Part B of Annex III;
Amendment 124 #
Proposal for a regulation
Article 3 – paragraph 1 – point 27 – introductory part
Article 3 – paragraph 1 – point 27 – introductory part
(27) ‘organic heterogeneous material’ means a plant grouping within a single botanical taxon of the lowest known rank which:organic heterogeneous material as defined in Article 3(18) of Regulation (EU) 2018/848, produced in accordance with Regulation (EU) 2018/848; intended only for further use in organic production
Amendment 125 #
Proposal for a regulation
Article 3 – paragraph 1 – point 27 – point a
Article 3 – paragraph 1 – point 27 – point a
Amendment 126 #
Proposal for a regulation
Article 3 – paragraph 1 – point 27 – point b
Article 3 – paragraph 1 – point 27 – point b
Amendment 127 #
Proposal for a regulation
Article 3 – paragraph 1 – point 27 – point c
Article 3 – paragraph 1 – point 27 – point c
Amendment 128 #
Proposal for a regulation
Article 3 – paragraph 1 – point 27 – point d
Article 3 – paragraph 1 – point 27 – point d
Amendment 133 #
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 qualitythat the extent to which pests are present on the PRM is sufficiently low to ensure acceptable quality and usefulness of thate PRM;
Amendment 134 #
Proposal for a regulation
Article 3 – paragraph 1 – point 34
Article 3 – paragraph 1 – point 34
(34) ‘off-type’ means, in relation with seed or other plants, a seed or other PRM of the crop species not corresponding to the description of the variety or species to which it is supposed to belong pursuant to this Regulation
Amendment 135 #
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 othercomponents, namely inbred lines, single cross hybrids, double cross hybrids, top cross hybrids or individual varieties.
Amendment 142 #
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) as organic heterogeneous material in accordance with Article 27.
Amendment 143 #
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) marketing of PRM of organic heterogeneous material in accordance with Article 27;
Amendment 144 #
Proposal for a regulation
Article 7 – paragraph 3 – point a
Article 7 – paragraph 3 – point a
(a) sowprevious cropping and pisolanting, and production in the fieldon distances, of pre-basic, basic and certified seed;
Amendment 145 #
Proposal for a regulation
Article 7 – paragraph 3 – point b
Article 7 – paragraph 3 – point b
Amendment 146 #
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – introductory part
Article 7 – paragraph 4 – subparagraph 1 – introductory part
The Commission may adopt implementing acts specifying the production and marketing requirements referred to in Part A and Part Bto E of Annex II for certain genera, species or categories of PRM, and, where appropriate, for certain grades, classes, generations or other sub-divisions of the category concerned. Those requirements shall concern one or more of the following elements
Amendment 147 #
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – point c
Article 7 – paragraph 4 – subparagraph 1 – point c
(c) conditprevionus for sowing or planting;cropping and isolation distances
Amendment 148 #
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – point d
Article 7 – paragraph 4 – subparagraph 1 – point d
Amendment 149 #
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – point e
Article 7 – paragraph 4 – subparagraph 1 – point e
Amendment 150 #
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – point g
Article 7 – paragraph 4 – subparagraph 1 – point g
(g) internationally recognised certification methods of PRM, including the application of bio-molecular or other technical methods, as well as their approval and use, and the listing of approved methods in the Union;
Amendment 151 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 153 #
Proposal for a regulation
Article 8 – paragraph 4 – point a
Article 8 – paragraph 4 – point a
(a) requirements for sowprevious cropping and pisolanting, and production in the fieldon distances, of standard seeds;
Amendment 154 #
Proposal for a regulation
Article 8 – paragraph 4 – point b
Article 8 – paragraph 4 – point b
Amendment 155 #
Proposal for a regulation
Article 8 – paragraph 5 – subparagraph 1 – introductory part
Article 8 – paragraph 5 – subparagraph 1 – introductory part
The Commission may adopt implementing acts specifying the production and marketing requirements referred to in Part A and Part Bto E of Annex III for certain genera or species of standard seed or material. Those requirements shall concern one or more of the following elements:
Amendment 156 #
Proposal for a regulation
Article 8 – paragraph 5 – subparagraph 1 – point c
Article 8 – paragraph 5 – subparagraph 1 – point c
(c) conditprevionus for sowing or plantingcropping and isolation distances;
Amendment 157 #
Proposal for a regulation
Article 8 – paragraph 5 – subparagraph 1 – point d
Article 8 – paragraph 5 – subparagraph 1 – point d
Amendment 158 #
Proposal for a regulation
Article 8 – paragraph 5 – subparagraph 1 – point e
Article 8 – paragraph 5 – subparagraph 1 – point e
Amendment 159 #
Proposal for a regulation
Article 8 – paragraph 5 – subparagraph 1 – point g
Article 8 – paragraph 5 – subparagraph 1 – point g
(g) the application of internationally recognised bio-molecular or other technical methods, as well as their approval and use, and the listing of approved methods in the Union;
Amendment 160 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
A professional operator may, upon application, be authorised by the competent authority to perform all or certain activities required for certification of PRM under official supervision of the competent authority for pre-basic, basic and certified material or seeds, and to issueprint an official label for them.
Amendment 161 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2 – point c
Article 10 – paragraph 1 – subparagraph 2 – point c
(c) employ qualified personnel for carrying out the sampling referred to in Annex II, or conclude contracts with companiesother professional operators, involved in the production of PRM, employing qualified personnel for those activities;
Amendment 162 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2 – point d
Article 10 – paragraph 1 – subparagraph 2 – point d
(d) employ specialised personnel and equipment to carry out the testing referred to in Annex II, or use seed testing laboratories employing qualified personnel for those activities;
Amendment 164 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. PRM shall be marketed in lots. The content of the varieties and species of each lot shall be sufficiently homogeneous regarding and identifiable by its users as distinctcertified in sufficiently homogeneous lots. Each lot shall be distinguishable from all other lots of PRMby at least a lot reference number.
Amendment 165 #
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1
Article 13 – paragraph 2 – subparagraph 1
During processing, packaging, storage, or at delivery, lots of PRM may be merged into a new lot only if they belong to the same variety and harvest year.
Amendment 166 #
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 2
Article 13 – paragraph 2 – subparagraph 2
Where lots consisting of different certification categories are merged, the new lot shall belong to the category of the component of the lowest category. The merging operation may only be undertaken in a facility and by persons authorised by the competent authority for this specific purposeEach lot resulting from merging operation shall undergo a new certification procedure and the professional operator shall notify the competent authority of the identity and quantity of the PRM used for merging.
Amendment 167 #
Proposal for a regulation
Article 14 – paragraph 5 – subparagraph 1
Article 14 – paragraph 5 – subparagraph 1
By way of derogation from paragraph 1, seeds potatoes with completed certification procedure may be marketed from a professional operator directly to a farmer in bulk.
Amendment 168 #
Proposal for a regulation
Article 14 – paragraph 5 – subparagraph 2
Article 14 – paragraph 5 – subparagraph 2
That professional operator shall be authorized for that purpose by the competent authority. It shall inform the competent authority in advance of such activity and of the lot from which such seed potatoes comes.
Amendment 169 #
Proposal for a regulation
Article 14 – paragraph 5 – subparagraph 3
Article 14 – paragraph 5 – subparagraph 3
Where seed ispotatoes are loaded directly into the farmer’s machinery or trailer, the professional operator and the farmer concerned shall ensure traceability of that seed potatoes by issuing and retaining documents indicating the species and variety, quantity, the time of transfer and lot identification.
Amendment 170 #
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 2 – point a
Article 15 – paragraph 2 – subparagraph 2 – point a
(a) the competent authority, if so requested by the professional operator, or if the professional operator is not authorised to carry out certificationprint official labels under official supervision, by the competent authority in accordance with Article 10; or
Amendment 171 #
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 2 – point b
Article 15 – paragraph 2 – subparagraph 2 – point b
(b) the professional operator, under the official supervision of the competent authority, where the professional operator is authorised to carry out certification underprint official labels official supervision in accordance with Article 10.
Amendment 172 #
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 2 – point b a (new)
Article 15 – paragraph 2 – subparagraph 2 – point b a (new)
(ba) the third party acting under the responsibility of the professional operator according to (b).
Amendment 173 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
The operator’s label shall be issued, printed and affixed by the professional operator, or by a person acting under the responsibility of the professional opearator, on the outside of a plant, bundle, package or container.
Amendment 174 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The official label and the operator’s label shall be legible, indelible, not modifiable if tampered with, printed on one side, made of untearable material unless it is an adhesive label, not having been used previously, and easily visible.
Amendment 176 #
Proposal for a regulation
Article 17 – paragraph 4 – subparagraph 1 – point n a (new)
Article 17 – paragraph 4 – subparagraph 1 – point n a (new)
(na) the label for PRM of organic heterogeneous material referred to in Article 27.
Amendment 177 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
Amendment 178 #
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1
Article 21 – paragraph 1 – subparagraph 1
Mixtures of certified seed or mixtures of standard seed of various genera or species listed in Part A of Annex I and complying with the requirements of Articles 5 to 8, as well as of different varieties of those genera or species,together with seed of genera or species not listed in that Annex, as well as of different varieties of those genera or species, and mixtures of different varieties of standard seed of vegetables listed in Part B of Annex I may be produced and marketed in the Union, if they fullfill the requirements of this Article.
Amendment 179 #
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 2 – point b
Article 21 – paragraph 1 – subparagraph 2 – point b
(b) an operator’s label, in the case where the mixture consists only of standard seed, or of certified and standard seedall other cases.