38 Amendments of Sarah WIENER related to 2023/0227(COD)
Amendment 91 #
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 productionand diversity of PRM to the changing agricultural, horticultural and environmental conditions, to face the challenges of climate change, to protect and restore biodiversity and to meet increasing farmers’ and consumers’ expectations related to quality, resilience and sustainability of PRM.
Amendment 93 #
Proposal for a regulation
Recital 49
Recital 49
(49) In order to contribute to the sustainability of agricultural production and food systems while recognising that sustainability cannot be reduced to a single trait or variety but can only apply to a cultivated system as a whole, 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 storage, processing and distribution; 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 103 #
Proposal for a regulation
Article 2 – paragraph 2 – point e
Article 2 – paragraph 2 – point e
(e) to contribute to sustainable agricultural production and food systems, adapted to current and future projected climatic conditions;
Amendment 109 #
Proposal for a regulation
Article 2 – paragraph 3 – subparagraph 3 a (new)
Article 2 – paragraph 3 – subparagraph 3 a (new)
Before amending or replacing a delegated act, the Commission shall assess the implementation of the requirements, considering the outcome of their application by competent authorities and small-scale professional operators and their impact on seed production and availability.
Amendment 112 #
Proposal for a regulation
Article 2 – paragraph 4 – point e a (new)
Article 2 – paragraph 4 – point e a (new)
(ea) PRM transferred in any way, whether free of charge or not, for the purpose of the conservation and sustainable use of plant genetic resources and agro-biodiversity.
Amendment 121 #
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: sale, holding, transfer for free, or offering for sale or any other way of transferring or distribution within, or import into, the Unionf PRM within, or import into, the Union aimed at the commercial exploitation of the PRM;
Amendment 129 #
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 or the utilisation in a marginal environment or production system; and
Amendment 130 #
Proposal for a regulation
Article 3 – paragraph 1 – point 29 – point a a (new)
Article 3 – paragraph 1 – point 29 – point a a (new)
(aa) not an F1 hybrid; and
Amendment 131 #
Proposal for a regulation
Article 3 – paragraph 1 – point 29 – point b
Article 3 – paragraph 1 – point 29 – point b
(b) in the case of seeds, can be characterised by a highcertain level of genetic and phenotypical diversity between individual reproductive units;
Amendment 132 #
Proposal for a regulation
Article 3 – paragraph 1 – point 29 – point b a (new)
Article 3 – paragraph 1 – point 29 – point b a (new)
(ba) does not consist of a GMO or a category 1 NGT plant as defined in Article 3(7) of Regulation (EU) or of a category 2 NGT plant as defined in Article 3(8) of Regulation (EU) …/… (Office of Publications to insert reference to NGT Reg.);
Amendment 138 #
Proposal for a regulation
Article 3 – paragraph 1 – point 35 a (new)
Article 3 – paragraph 1 – point 35 a (new)
(35a) An ‘F1 hybrid variety’ means a hybrid variety that does not reproduce true to type in further generations, the maintenance and propagation of which relies on the maintenance of the homozygous parental lines that have been repeatedly and deliberately crossed to obtain the hybrid.
Amendment 140 #
Proposal for a regulation
Article 3 – paragraph 1 – point 35 – point b (new)
Article 3 – paragraph 1 – point 35 – point b (new)
(b) ‘conservation and sustainable use of plant genetic resources and agro- biodiversity’ means the preservation of the genetic diversity within and between cultivated plant species, and includes both the in situ dynamic conservation, whether on farm or in garden, the ex situ conservation outside of their natural habitat, and the sustainable use of plant genetic resources and agro-biodiversity in a way and at a rate that does not lead to the long-term decline of biological diversity, thereby maintaining its potential to meet the needs and aspirations of present and future generations.
Amendment 141 #
Proposal for a regulation
Article 3 – paragraph 1 – point 35 – point c (new)
Article 3 – paragraph 1 – point 35 – point c (new)
(c) "organic variety" means a variety according to (EU) 2018/848 art. 3 (19), and that does not consist of a GMO or a category 1 NGT plant as defined in Article 3(7) of Regulation (EU) or of a category 2 NGT plant as defined in Article 3(8) of Regulation (EU) …/… (Office of Publications, please insert reference to NGT Regulation ...”.
Amendment 193 #
Proposal for a regulation
Article 30 – title
Article 30 – title
Amendment 194 #
Proposal for a regulation
Article 30 – paragraph 1 – introductory part
Article 30 – paragraph 1 – introductory part
1. By way of derogation from Articles 5 - 25, farmers may exchange seedsPRM in kind or for monetary compensation, if such seedsPRM fulfil all of the following conditions:
Amendment 195 #
Proposal for a regulation
Article 30 – paragraph 1 – point 2
Article 30 – paragraph 1 – point 2
(2) in the case of seeds, are derived from the respective farmer’s own harvest;
Amendment 196 #
Proposal for a regulation
Article 30 – paragraph 1 – point 3
Article 30 – paragraph 1 – point 3
(3) in the case of seeds, are not subject to a service contract conducted by the respective farmer with a professional operator performing seed production; and
Amendment 197 #
Proposal for a regulation
Article 30 – paragraph 1 – point 4
Article 30 – paragraph 1 – point 4
(4) in the case of seeds, the seed is used for dynamic management of farmer’s own seed for the purpose of contributing to agro-diversity.
Amendment 198 #
Proposal for a regulation
Article 30 – paragraph 2 – introductory part
Article 30 – paragraph 2 – introductory part
2. Such seedsPRM shall fulfil all of the following requirements:
Amendment 199 #
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 granted in accordance with Regulation (EU) 2100/94 and where the title is still in force;
Amendment 200 #
Proposal for a regulation
Article 30 – paragraph 2 – point b
Article 30 – paragraph 2 – point b
(b) to be limited to small quantities, defined by the competent authorities for specific species per year and per farmer, without using commercial intermediaries or public offer of marketing; and
Amendment 201 #
Proposal for a regulation
Article 30 – paragraph 2 – point c
Article 30 – paragraph 2 – point c
(c) to be practically free from quality pests and any defects likely to impact their quality as seeds, and shall have satisfactory germination capacity.PRM
Amendment 202 #
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
Amendment 209 #
Proposal for a regulation
Article 41 – paragraph 1 – introductory part
Article 41 – paragraph 1 – introductory part
Professional operators, which produce PRMare not micro-enterprises, which produce PRM with the aim of commercial exploitation outside of the exceptions listed in Article 2(4), shall:
Amendment 210 #
Proposal for a regulation
Article 42 – paragraph 3 a (new)
Article 42 – paragraph 3 a (new)
3a. Micro-enterprises and operators using the exceptions listed in Article 2(4) are exempt from the obligations in paragraphs 1 – 3
Amendment 221 #
Proposal for a regulation
Article 47 – paragraph 1 a (new)
Article 47 – paragraph 1 a (new)
1a. Any Member State may, upon an application which shall be dealt with under the procedure referred to in Article 76, be authorised to prohibit the use of the variety in all or in part of its territory or to lay down appropriate conditions for cultivating the variety consisting of a GMO or a category 1 NGT plant as defined in Article 3(7) of Regulation (EU) or of a category 2 NGT plant as defined in Article 3(8) of Regulation (EU) …/… (Office of Publications, please insert reference to NGT Regulation ...), where it is established that the cultivation of the variety could be harmful from the point of view of plant health to the cultivation of other varieties or species; or where it has other valid reasons for considering that the cultivation of the variety in its territory presents a risk for human health or the environment.
Amendment 224 #
Proposal for a regulation
Article 52 – title
Article 52 – title
Value for sustainable cultivation and use
Amendment 225 #
Proposal for a regulation
Article 52 – paragraph 1 – subparagraph 1
Article 52 – paragraph 1 – subparagraph 1
For the purposes of Article 47(1), point (c), the value of a variety for sustainable cultivation and use of a variety shall be considered as satisfactory if, compared to other varieties of the same species registered in the national variety register of the respective Member State, its characteristics, taken as a whole, as well as the variety’s life cycle, including the production system in which it will be cultivated, offer a clear improvement for the sustainable cultivation and the uses which can be made of the crops, other plants or the products derived therefrom.
Amendment 235 #
Proposal for a regulation
Article 52 – paragraph 2
Article 52 – paragraph 2
2. For the prurpose of paragraph 1, Member States may collaborate with other Member States with similar agro- ecological conditions. Those Member States may establish shared facilities for carrying out the examination for value for sustainable cultivation and use.
Amendment 236 #
Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 4
Article 52 – paragraph 3 – subparagraph 4
The Commission may adopt, by means of implementing acts, a decision requesting a Member State to repeal or modify those rules, if they are deemed, on the basis of the available scientific and technical evidence, to be inappropriate for the examination of value for sustainable cultivation and use of a variety. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 76(2).
Amendment 237 #
Proposal for a regulation
Article 52 – paragraph 4 – subparagraph 1
Article 52 – paragraph 4 – subparagraph 1
Amendment 238 #
Proposal for a regulation
Article 52 – paragraph 4 – subparagraph 2
Article 52 – paragraph 4 – subparagraph 2
Amendment 250 #
Proposal for a regulation
Article 56 – paragraph 1 – point o a (new)
Article 56 – paragraph 1 – point o a (new)
(oa) the breeding methods used for the development of the variety,
Amendment 251 #
Proposal for a regulation
Article 56 – paragraph 1 – point o b (new)
Article 56 – paragraph 1 – point o b (new)
(ob) The existence of any intellectual property rights covering the variety as a whole or its genetic components, or the genetic information contained therein, including, where applicable, the number of any relevant patent(s);
Amendment 258 #
Proposal for a regulation
Article 80 – paragraph 1 – point 1
Article 80 – paragraph 1 – point 1
Regulation (EU) 2017/625
Article 1 – paragraph 2 – points k a and k b (new)
Article 1 – paragraph 2 – points k a and k b (new)
(k) production and marketing of plant reproductive material.; ‘(ka) the cultivation of varieties tolerant to herbicides; (kb) cultivation of varieties with particular characteristics that may lead to undesirable agronomic effects’. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 260 #
Proposal for a regulation
Article 81 a (new)
Article 81 a (new)
Article 81a Amendment of Directive 98/44/EC Directive 98/44/EC is modified as follows: (1) In Article 2, paragraph 2 is replaced by: "2. A process for breeding of plants or animals is essentially biological, if it is exclusively based on natural phenomena such as crossing, selection, non-targeted mutagenesis or naturally occurring, random genetic variations." (2) In Article 4, the following paragraphs 4 and 5 are inserted: “4. By derogation to paragraphs 1, 2 and 3, NGT plants, plant material and parts thereof, as well as genetic information contained therein, are not patentable. 5. By derogation to paragraphs 1,2 and 3, plants, plant material and parts thereof, as well as genetic information contained therein, which have been obtained by techniques that are not regulated as GMOs under Directive 2001/18/CE, are not patentable.” (3) In Article 8, the following paragraph 3 is inserted: “3. By derogation to paragraphs 1 and 2, the protection conferred by a patent on biological material possessing specific characteristics as a result of the invention shall not extend to biological material with these specific characteristics when they have been obtained independently from the patented material and through an essentially biological process, nor to the material derived from that independent biological material by means of reproduction or multiplication”. (4) In Article 12, paragraph 3 is replaced by: "3. Applicants for the licences referred to in paragraphs 1 and 2 must demonstrate that: (a) they have applied unsuccessfully to the holder of the patent or of the plant variety right to obtain a contractual licence under reasonable and appropriate terms; (b) The plant variety or the invention constitutes significant technical progress of considerable economic or environmental interest compared with the invention claimed in the patent or the protected plant variety."
Amendment 265 #
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 covering the variety as a whole or its genetic components or the genetic information contained therein, including, where applicable, the number of any relevant patent(s);
Amendment 267 #
Proposal for a regulation
Annex VII – paragraph 1 – point t b (new)
Annex VII – paragraph 1 – point t b (new)
(tb) a description of the breeding methods used to develop the variety;