Activities of Bert-Jan RUISSEN 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 (52)
Amendment 127 #
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 3
Article 2 – paragraph 1 – subparagraph 3
The requirements concerning production of PRM shall apply only to production with a view to its marketing or import of PRM in final packaging within the Union.
Amendment 139 #
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 147 #
Proposal for a regulation
Article 2 – paragraph 3 – subparagraph 3
Article 2 – paragraph 3 – subparagraph 3
The delegated act referred to in the first subparagraph shall remove genera or species from the list in Annex I if they no longer fulfil at least twoone of the elements set out in the second subparagraph.
Amendment 156 #
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, exhibitionexceptions concerning the supply of PRM to official testing and inspection bodies; exceptions concerning the supply of PRM as grown to providers of services for processing or packaging, under the condition that the provider of services does not acquire title to the plants thus supplied and the identity of the plants is ensured; exceptions concerning the supply of PRM under certain conditions to providers of services for the production of certain agricultural raw materials, intended for industrial purposes, or seed propagation for that purpose; exceptions for PRM intended for scientific purposes, selection work, other test or trial purposes; exceptions from marketing requirements concerning plants for scientific purposplanting not finally certified; exceptions from marketing requirements set out in the provisions of Implementing Decision (EU) 2017/478; exceptions from marketing requirements for plants for planting shown to be intended for export to third countries.
Amendment 176 #
Proposal for a regulation
Article 3 – paragraph 1 – point 2 – introductory part
Article 3 – paragraph 1 – point 2 – introductory part
(2) ‘professional operator’ means any natural or legal person, involved professionally in one or more of the following activities in the Union concerning PRM:person, governed by public or private law, involved professionally in, and legally responsible for, one or more of the following activities concerning plants, plant products and other objects: (a) planting; (b) breeding; (c) production, including growing, multiplying and maintaining; (d) introduction into, and movement within and out of, the Union territory; (e) making available on the market; (f) storage, collection, dispatching and processing;
Amendment 182 #
Proposal for a regulation
Article 3 – paragraph 1 – point 2 – point a
Article 3 – paragraph 1 – point 2 – point a
(a) production, including growing, multiplying and maintaining;
Amendment 185 #
Proposal for a regulation
Article 3 – paragraph 1 – point 2 – point a a (new)
Article 3 – paragraph 1 – point 2 – point a a (new)
(a a) planting;
Amendment 186 #
Proposal for a regulation
Article 3 – paragraph 1 – point 2 – point a b (new)
Article 3 – paragraph 1 – point 2 – point a b (new)
(a b) breeding;
Amendment 187 #
Proposal for a regulation
Article 3 – paragraph 1 – point 2 – point b
Article 3 – paragraph 1 – point 2 – point b
(b) making available on the marketing;
Amendment 189 #
Proposal for a regulation
Article 3 – paragraph 1 – point 2 – point b a (new)
Article 3 – paragraph 1 – point 2 – point b a (new)
(b a) introduction into, and movement within and out of, the Union territory;
Amendment 198 #
Proposal for a regulation
Article 3 – paragraph 1 – point 2 – point e
Article 3 – paragraph 1 – point 2 – point e
(e) preservation, storage, drying, processing, treating, packaging, sealing, labelling, sampling or tstorage, collection, dispatching and procestsing;
Amendment 211 #
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 fresale, holding with a view to sale, or offering for sale orand any other wadisposal, supply ofr transferring or distribution within, or import into, the Un aimed at commercial exploitation of seed to third parties, whether or not for consideration.
Amendment 220 #
Proposal for a regulation
Article 3 – paragraph 1 – point 11
Article 3 – paragraph 1 – point 11
(11) ‘officially recognised description’ means a written description of a conservation variety, which has been recognised by a competent authority, includes the specific characteristics of the variety, and has been obtained by other means than the examination of its distinctness, uniformity and stability;
Amendment 243 #
Proposal for a regulation
Article 3 – paragraph 1 – point 28
Article 3 – paragraph 1 – point 28
(28) ‘final user’ means any person acquiring, transferring and using PRM for purposes which are outside that person’s professional activities;
Amendment 276 #
Proposal for a regulation
Article 3 – paragraph 1 – point 35 a (new)
Article 3 – paragraph 1 – point 35 a (new)
(35 a) 'commercial seed' means seed of regulated species for which no varieties are registered;
Amendment 280 #
Proposal for a regulation
Article 3 – paragraph 1 – point 35 b (new)
Article 3 – paragraph 1 – point 35 b (new)
(35 b) 'final packaging' means PRM in packages, bundles or containers in accordance to Article 14 intended be planted by a farmer or final user;
Amendment 282 #
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
Only PRM belonging to a variety registered in a national variety register referred to in Article 44 may be produced and marketed within the Union, except the following cases:
Amendment 283 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
Amendment 287 #
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 – point d a (new)
Article 6 – paragraph 1 – subparagraph 1 – point d a (new)
(d a) commercial seed;
Amendment 362 #
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 379 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
The operator’'s label shall be issued, printed and affixed, on the outside of a bundle, package or container by the professional operator, or by a person acting under the responsibility of the professional opearator, on the outside of a bundle, package or containe. The information that needs to be included in the operator’s label may also directly be printed on the bundle, package or container by the professional operator, or by a person acting under the responsibility of the professional operator.
Amendment 384 #
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Any space of the official label or the operator’s label apart from the elements mentioned in paragraph 4, may be used for additional information by the competent authority. Such information shall be presented in letters not larger than those used for the content of the official label or the operator’s label as referred to in paragraph 4. That additional information shall be strictly factual, it shall not represent advertising material, and shall be related only to the production and marketing requirements or to labelling requirements for genetically modified organisms or category 1 NGT plants as defined in Article 3(7) of Regulation (EU) …/… (Office of Publications, please insert reference to NGT Regulation ...). as specified in other relevant EU legislation.
Amendment 396 #
Proposal for a regulation
Article 19 – paragraph 1 – point d
Article 19 – paragraph 1 – point d
(d) the professional operator ismay be sanctioned by additional means to the withdrawal or modification of the authorisation referred to in Article 11.
Amendment 404 #
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 whether or not in combination with commercial seed and complying with the requirements of Articles 5 to 8, as well as of different varieties of those genera or species, may be produced and marketed in the Union, if they fullfill the requirements of this Article.
Amendment 405 #
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 seed and/or commercial seed.
Amendment 408 #
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 3
Article 21 – paragraph 1 – subparagraph 3
For the purposes of the second subparagraph, point (a), the professional operators shall submit to the competent authority the list of constituent varieties and commercial seed components of the mixture and their ratios, for verification of eligibility of those varieties.
Amendment 426 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. By way of derogation from Article 5, PRM of heterogeneous material other than genera and species mentioned in Annex IX may be produced and marketed within the Union without belonging to a variety. The heterogeneous material shall be notified to and register by the competent authority prior to its production and/or marketing, in accordance with the requirements set out in Annex VI.
Amendment 528 #
Proposal for a regulation
Article 31
Article 31
Amendment 530 #
Proposal for a regulation
Article 32 – paragraph 1 – subparagraph 1 – introductory part
Article 32 – paragraph 1 – subparagraph 1 – introductory part
By way of derogation from Article 5, a competent authority may authorise professional operators to produce and market, for the purposes of multiplication, pre-basic seeds, pre-basic material, basic seeds and basic material, standard seed and standard material 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 536 #
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 small quantities per species as specified by the competent authority.
Amendment 540 #
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 small quantities per species as determined by the competent authority, 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 542 #
Proposal for a regulation
Article 32 – paragraph 3 – point a
Article 32 – paragraph 3 – point a
Amendment 543 #
Proposal for a regulation
Article 32 – paragraph 3 – point c
Article 32 – paragraph 3 – point c
Amendment 546 #
Proposal for a regulation
Article 32 – paragraph 3 – point e
Article 32 – paragraph 3 – point e
Amendment 547 #
Proposal for a regulation
Article 32 – paragraph 3 – point f
Article 32 – paragraph 3 – point f
Amendment 557 #
Proposal for a regulation
Article 39 – paragraph 1 – subparagraph 1
Article 39 – paragraph 1 – subparagraph 1
PRM may only be imported from third countries in final packages, if it is established, pursuant to paragraph 2, that it fulfils requirements equivalent to those applicable to PRM produced and marketed in the Union. No such import shall be allowed, and no such equivalence shall be recognised pursuant to paragraph 2, for the preservation mixtures such as those referred to in Article 22, and for PRM such as that subject to the derogations of Articles 26 - 30.
Amendment 562 #
Proposal for a regulation
Article 40 – paragraph 1 – subparagraph 3 – point g
Article 40 – paragraph 1 – subparagraph 3 – point g
(g) the name of the personfinal user, farmer or professional operator importing the PRM.
Amendment 563 #
Proposal for a regulation
Article 40 – paragraph 2 – point g
Article 40 – paragraph 2 – point g
(g) the name of the personfinal user, farmer or professional operator importing the PRM.
Amendment 575 #
Proposal for a regulation
Article 43
Article 43
Amendment 582 #
Proposal for a regulation
Article 47 – paragraph 1 – subparagraph 1 – point a – point i
Article 47 – paragraph 1 – subparagraph 1 – point a – point i
(i) an official description showing compliance with the requirements of distinctness, uniformity and stability set out in Articles 48, 49 and 50, and fulfil the requirements for satisfactory value for sustainable cultivation and use, for species listed in Part A of Annex I, with more than 50 varieties in the national variety register as set out in Article 52; or
Amendment 586 #
Proposal for a regulation
Article 47 – paragraph 1 – subparagraph 1 – point a – point ii
Article 47 – paragraph 1 – subparagraph 1 – point a – point ii
(ii) an officially recognised description pursuant to Article 53, if they are conservation varieties or fruit varieties;
Amendment 603 #
Proposal for a regulation
Article 48
Article 48
Amendment 615 #
Proposal for a regulation
Article 52 – paragraph 1 – subparagraph 2 – point g a (new)
Article 52 – paragraph 1 – subparagraph 2 – point g a (new)
(ga) in the case of fruit and vegetable varieties: characteristics that enhance consumption.
Amendment 638 #
Proposal for a regulation
Article 54
Article 54
Amendment 646 #
Proposal for a regulation
Article 56
Article 56
Amendment 647 #
Proposal for a regulation
Article 56 – paragraph 1 – point d
Article 56 – paragraph 1 – point d
(d) a proposed denomivisional designation;
Amendment 654 #
Proposal for a regulation
Article 56 – paragraph 1 – point o a (new)
Article 56 – paragraph 1 – point o a (new)
(oa) the applicant shall propose a variety denomination which may accompany the application.
Amendment 660 #
Proposal for a regulation
Article 58
Article 58
Amendment 683 #
Proposal for a regulation
Article 70 – paragraph 2
Article 70 – paragraph 2
Amendment 684 #
Proposal for a regulation
Article 70 – paragraph 3
Article 70 – paragraph 3
Amendment 685 #
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, and provided that the variety is off the list for a minimum of two years and the maintenance is done by the competent authority.
Amendment 794 #
Proposal for a regulation
Annex VII a (new)
Annex VII a (new)
Annex VIIa GENERA AND SPECIES outcrossing species to be excluded from Article 27 PART A Genera and species to be used for the production of agricultural crops, other than vegetables Agrostis canina L. Agrostis capillaris L. Agrostis gigantea Roth Agrostis stolonifera L. Cynodon dactylon (L.) Pers. Dactylis glomerata L. Festuca arundinacea Schreber Festuca filiformis Pourr Festuca ovina L. Festuca pratensis Huds. Festuca rubra L. Festuca trachyphylla (Hack.) Krajina Lolium multiflorum Lam. Lolium perenne L. Lolium x hybridum Hausskn Lotus corniculatus L. Medicago doliata Carmign. Medicago italica (Mill.) Fiori Medicago littoralis Rohde ex Loisel. Medicago lupulina L. Medicago murex Willd. Medicago polymorpha L. Medicago rugosa Desr. Medicago sativa L. Medicago sativa L. nothosubsp. varia (Martyn) Arcang. Medicago scutellata (L.) Mill. Medicago truncatula Gaertn. Onobrychis viciifolia Scop. Phleum pratense L. Plantago lanceolata L. Secale cereale L. Trifolium alexandrinum L. Berseem Trifolium fragiferum L. Trifolium glanduliferum Boiss. Trifolium hirtum All. Trifolium hybridum L. Trifolium incarnatum L. Trifolium isthmocarpum Brot. Trifolium michelianum Savi Trifolium pratense L. Trifolium repens L. Trifolium resupinatum L. Trifolium squarrosum L. Trifolium subterraneum L. Trifolium vesiculosum Savi Vicia faba L. partim xFestulolium Asch. & Graebn