Activities of Isabel CARVALHAIS 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 (161)
Amendment 67 #
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 restor, restore and promote biodiversity and to meet increasing farmers’ and consumers’ expectations related to quality, diversity and sustainability of PRM.
Amendment 72 #
Proposal for a regulation
Recital 12
Recital 12
(12) This Regulation should cover neither PRM exported to third countries, nor PRM used solelsold or transferred in any way for official testing, breeding, inspections, exhibitions or scientific purposes. 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 74 #
Proposal for a regulation
Recital 13
Recital 13
(13) This Regulation should not cover PRM sold or transferred in any other way, whether free of charge or not, between any persons for their own private use and outside their tradeprofessional activity. It would be disproportionate to set out rules for such use of PRM, as this kind of transfer is usually limited to very small amounts, has no commercial purposes and is restricted to private activities.
Amendment 78 #
Proposal for a regulation
Recital 19
Recital 19
(19) Specific rules should be established for the production and marketing of clones, selected clones, multiclonal mixtures and of polyclonal PRM, due to theirits increased importance and use in the PRM sector. In order to ensure transparency, informed choices for their users and effective official controls, the clonesselected clones and the polyclonal PRM should be registered in a special public register established by the competent authorities. Rules for the maintenance of the clones should also be established to ensure their preservation and identification.
Amendment 79 #
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19 a) Rules for the in vitro production of clones and their marketing should also be established.
Amendment 85 #
Proposal for a regulation
Recital 32
Recital 32
(32) Certain types of varieties do not fulfil the established requirements concerning distinctness, uniformity and stability. However, they are important for the conservation and sustainable use of plant genetic resources, which are indispensable for crop genetic improvement and are essential in adapting to undpredictable environmental changes and future needs. They are traditionally grown or new locally produced varieties under specific local conditions and adapted to those conditions. They are characterised, in particular, by reduced uniformity due to a high level of genetic and phenotypical diversity between individual reproductive units. Those varieties arewere previously referred to as ‘conservation varieties’. It is appropriate to acknowledge that the conservation of genetic resources is a dynamic process and that newly bred varieties should be included. As such, the name ‘diversity varieties’ would be more appropriate. The production and marketing of those varieties contribute to the objectives of the International Treaty on Plant Genetic Resources for Food and Agriculture to promote the conservation and sustainable use of plant genetic resources for food and agriculture (40 ). As a party to the Treaty the Union has committed to support those objectives. _________________ 40 Council Decision 2004/869/EC of 24 February 2004 concerning the conclusion, on behalf of the European Community, of the International Treaty on Plant Genetic Resources for Food and Agriculture (OJ L 378, 23.12.2004, p. 1).
Amendment 88 #
Proposal for a regulation
Recital 33
Recital 33
(33) In view of those special characteristics of the conservationdiversity varieties, and by way of derogation from the established requirements for production and marketing, the production and marketing of PRM belonging to them should be allowed under less stringent requirements. That objective is in line with the principles of the European Green Deal, and in particular, with the principle of protection of the biodiversity. It is thus appropriate to allow for that material to comply with the requirements for standard material for the species concerned. That PRM belonging to conservationdiversity varieties should therefore be labelled with the indication ‘ConservationDiversity varieties’. Those varieties should also be registered, to enable their control by the competent authorities and guarantee the informed choices for their users and the effectiveness of official controls. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 92 #
Proposal for a regulation
Recital 35
Recital 35
(35) Many gene banks, 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 toby them, or amongwithin them, derogates from the established production and marketing requirements, and that instead it complies with less stringent rules.
Amendment 94 #
Proposal for a regulation
Recital 36
Recital 36
(36) Farmers habitually exchange in kind small quantities of seeds in order to carry out dynamic managementconservation of their own seedPRM and contributing to agro-biodiversity . It is thus appropriate that a derogation from the established requirements is provided for the exchanges of small quantities of seeds between farmers. Such derogation could apply if those seeds do not belong to a variety for which plant variety rights have been granted in accordance with Council Regulation (EU) 2100/94(41 ). Member States should be allowed to define those small quantities for specific species per year, in order to ensure that there iPRM, as established in the International Treaty on Plant Genetic Resources for Food and Agriculture provision on farmer’s rights nto misuse of such derogation impacting thexchange mfarketing of seeds. _________________ 41 Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights (OJ L 227, 1.9.1994, p. 1)m-saved seeds and/or propagating material.
Amendment 100 #
Proposal for a regulation
Recital 42
Recital 42
(42) Specific obligations should be introduced for professional operators active in the area of the production with a view to marketing and marketing of PRM, to ensure their accountability, more effective official controls and proper application of this Regulation. However, the specific characteristics and limitations of micro- entreprises should be taken into consideration.
Amendment 103 #
Proposal for a regulation
Recital 48
Recital 48
(48) Herbicide tolerant varieties are varieties that have been bred to be intentionally tolerant to herbicides, in order to be cultivated in combination of the use of those herbicides. If such cultivation is not done under appropriate conditions, it may lead to development of weeds resistant to those herbicides, spread of such resistance genes in the environment or to the need to increase of quantities of herbicides applied. As this Regulation aims to contribute to the sustainability of agricultural production, the competent authorities of Member States responsible for the registration of varieties and the Member States where the varieties are to be cultivated, should be able to subject the cultivation of those varieties in their territory to cultivation conditions appropriate for avoiding those undesirable effects. Moreover, where varieties have particular characteristics, other than tolerance to herbicides, that could have undesirable agronomic effects, they should also be subject to cultivation conditions, in order to address those agronomic effects. Those conditions should apply to the cultivation of those varieties for any purpose, including food, feed and other products, and not only for purposes of production and marketing of PRM. This is necessary to achieve the objectives of this Regulation to contribute to sustainable agricultural production beyond the stage of production and marketing of PRM.
Amendment 106 #
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 agronomic, use and environmental 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, technological 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. Given the significant resources and preparation needed for this examination, for some species it should be performed in a voluntary way. In the cases that the examination is a condition to acess the register, that examination should be carried out only by the competent authority.
Amendment 110 #
Proposal for a regulation
Recital 55
Recital 55
(55) However, tThere should be the possibility to carry out the technical examination for the satisfactory value for sustainable cultivation and use of a variety on the premises of the applicant and under the official supervision of the competent authority. This is necessary in order to ease th in the voluntary system. This could ease administrative burden, ensure the availability of testing facilities and reduce costs for the competent authorities. However, the competent authority should be in charge of the testing arrangements. Moreover, professional operators involved in the breeding of new varieties, and on the basis of their co-operation with the competent authorities, have proven qualified to carry out such examinations as they possess the respective expertise, knowledge and appropriate resources. However, in the cases where the examination is a mandatory condition to acess the register, that examination should be carried out only by the competent authority
Amendment 117 #
Proposal for a regulation
Recital 64
Recital 64
(64) Regulation (EU) 2018/848 should be amended to align the definitions of ‘plant reproductive material’ and ‘heterogeneous material’ with the definitions provided for by this Regulation. Moreover, the empowerment for the Commission to adopt specific provisions for the marketing of PRM of organic heterogeneous material should be excluded from Regulation (EU) 2018/848, as all rules concerning the production and marketing of PRM should be set out in this Regulation for reasons of legal clarity.
Amendment 122 #
Proposal for a regulation
Recital 85
Recital 85
(85) In order to ensure uniform conditions for the implementation of this Regulation, implementing powersThe Commission should be conferempowered to the Commission for decidingadopt specific rules on the organisation of temporary experiments to seek improved alternatives to the scope and certain provisions of this Regulation.
Amendment 124 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation lays down rules for the production andapplies to the production with a view to marketing and to marketing in the Union of plant reproductive material (‘PRM’), and in particular requirements for the production of PRM in the field and other sites, categories of material, identy and quality requirements, certification, labelling, packaging, imports, professional operators and the registration of varieties.
Amendment 125 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
This Regulation also lays down rules concerning the conditions of cultivation of certain varieties that are tolerant to herbicides or that could have undesirable agronomic effects, including the cultivation for purposes beyond the production and marketing of PRM, for the production of food, feed and other products.
Amendment 129 #
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 or import with a view to its marketing as PRM in the Union.
Amendment 131 #
Proposal for a regulation
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) to ensure quality and diversity of choice for PRM, and its availability for professional operators, farmers and final users;
Amendment 135 #
Proposal for a regulation
Article 2 – paragraph 2 – point d
Article 2 – paragraph 2 – point d
(d) to contribute to the dynamic conservation and sustainable use of plant genetic resources and agro-biodiversity;
Amendment 157 #
Proposal for a regulation
Article 2 – paragraph 4 – point e
Article 2 – paragraph 4 – point e
(e) PRM used solelysold or transferred in any way, whether free of charge or not, for official testing, breeding, inspections, exhibitions or scientific purposes. including on-farm research and activities carried out by gene banks;
Amendment 183 #
Proposal for a regulation
Article 3 – paragraph 1 – point 2 – point a
Article 3 – paragraph 1 – point 2 – point a
(a) production with a view to marketing;
Amendment 193 #
Proposal for a regulation
Article 3 – paragraph 1 – point 2 – point c
Article 3 – paragraph 1 – point 2 – point c
(c) maintenance or multiplication of varieties;
Amendment 199 #
Proposal for a regulation
Article 3 – paragraph 1 – point 2 – point e a (new)
Article 3 – paragraph 1 – point 2 – point e a (new)
(e a) Farmers carrying out activities pursuant to Article 30 shall not be considered professional operators;
Amendment 203 #
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 with a view to sale, transfer for free, or offering for sale or any other way of transferring or distribution aimed at the commercial exploitation of PRM to third parties within, or imported into, the Union
Amendment 212 #
Proposal for a regulation
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
(4) ‘variety’ means a variety as defined in Article 5(2) of Regulation (EC) No 2100/94, other than a ‘conservation/ diversity variety’ or an ‘organic variety suitable for organic production’ ;
Amendment 215 #
Proposal for a regulation
Article 3 – paragraph 1 – point 6
Article 3 – paragraph 1 – point 6
(6) ‘selected clone’ means a clone that has been selected and chosen for some special intravarietal phenotypic traits and its phytosanitary status that give the selected clone a better performance, is true to the description of the variety to which it belongs and, in the case of selected clones not belonging to a variety, it is true to the description of the species to which it belongs;
Amendment 216 #
Proposal for a regulation
Article 3 – paragraph 1 – point 7
Article 3 – paragraph 1 – point 7
(7) ‘polyclonal plant reproductive material’ means a group of sevpropagating material distinct individual plant progenies derived from different genotypes, each of which is true to the description of the variety to which it belongsobtained from a selection with the prediction of genetic gains, made through quantitative genetic tools, of a group of at least 7 genotypes from the same experimental set of a specific ancient variety, containing most of its intra- varietal diversity;
Amendment 218 #
Proposal for a regulation
Article 3 – paragraph 1 – point 8
Article 3 – paragraph 1 – point 8
Amendment 223 #
Proposal for a regulation
Article 3 – paragraph 1 – point 18
Article 3 – paragraph 1 – point 18
(18) ‘pre-basic material’ means PRM, other than seeds, that belongs to a generation preceeding the generation of basic material, is intended for the production and certification of basic or certified material, and has been found by means of official certification or certification under official supervision to satisfy the respective conditions laid down in Part B; part C and Part E of Annex II;
Amendment 224 #
Proposal for a regulation
Article 3 – paragraph 1 – point 19
Article 3 – paragraph 1 – point 19
(19) ‘basic material’ means PRM, other than seed, that has been produced from pre-basic material or preceding generations of basic material, is intended for the production and certification of further generations of basic material or certified material, and has been found by means of official certification or certification under official supervision to satisfy the respective conditions laid down in Part B, part C and Part E of Annex II;
Amendment 230 #
Proposal for a regulation
Article 3 – paragraph 1 – point 20
Article 3 – paragraph 1 – point 20
(20) ‘certified material’ means PRM, other than seed, that has been produced from pre-basic, basic or preceding generations of certified material, and has been found by means of official certification or certification under official supervision to satisfy the respective conditions laid down in Part B, Part C and Part E of Annex II;
Amendment 231 #
Proposal for a regulation
Article 3 – paragraph 1 – point 20
Article 3 – paragraph 1 – point 20
(20) ‘certified material’ means PRM, other than seed, that has been produced from pre-basic, basic or preceding generations of certified material, and has been found by means of official certification or certification under official supervision to satisfy the respective conditions laid down in Part B, Part C and Parte E of Annex II;
Amendment 232 #
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, and satisfies the respective conditions laid down in Part B, Part C and Part E of Annex III;
Amendment 245 #
Proposal for a regulation
Article 3 – paragraph 1 – point 29 – introductory part
Article 3 – paragraph 1 – point 29 – introductory part
(29) ‘conservationdiversity variety’ means a variety that is: (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 254 #
Proposal for a regulation
Article 3 – paragraph 1 – point 29 – point b
Article 3 – paragraph 1 – point 29 – point b
(b) characterised by a high level of genetic and phenotypical diversity between individual reproductive units;
Amendment 262 #
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 quality pests, or a situation where the presence of quality pests on the respective PRM is so low that those pests do not affect adversexcessively the quality of that PRM;
Amendment 270 #
Proposal for a regulation
Article 3 – paragraph 1 – point 35 a (new)
Article 3 – paragraph 1 – point 35 a (new)
(35 a) dynamic conservation, enrichment and sustainable use of plant genetic diversity’ means the preservation of the genetic diversity within and between cultivated plant species, and includes both the in situ 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 278 #
Proposal for a regulation
Article 3 – paragraph 1 – point 35 b (new)
Article 3 – paragraph 1 – point 35 b (new)
(35 b) ‘small packages’ means packages containing seed or material up to a maximum of: (i) 30 kg for cereals (ii) 10 kg for fodder plants, beet, oil and fibre plants; (iii) 5 kg for legumes; (iv) 500 g for onions, chervil, asparagus, spinach beet or chard, red beet or beetrood, turnips, water melon, gourd, marrows, carrots, radishes, scorzonera or black salsify, spinach, cornsalad or lamb's lettuce; (v) 100 g for all other species of vegetables. (vi) in the case of fruit and vine cuttings, 100 individuals with at least five useable eyes.
Amendment 285 #
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) as seed exchanged in kind between farmers in accordance with Article 30;
Amendment 290 #
Proposal for a regulation
Article 6 – paragraph 2 – point d
Article 6 – paragraph 2 – point d
(d) as seedPRM exchanged in kind between farmers in accordance with Article 30;
Amendment 294 #
Proposal for a regulation
Article 7 – paragraph 1 – point b – point ii
Article 7 – paragraph 1 – point b – point ii
(ii) in accordance with the requirements set out in Part A and Part D of Annex II, and its compliance with those requirements is attested by the official label referred to in Article 15(1).
Amendment 295 #
Proposal for a regulation
Article 7 – paragraph 2 – point b – point ii
Article 7 – paragraph 2 – point b – point ii
(ii) in accordance with the requirements set out in Part B, Part C and Part E of Annex II, and its compliance with those requirements is attested by the official label referred to in Article 15(1).
Amendment 296 #
Proposal for a regulation
Article 7 – paragraph 3 – introductory part
Article 7 – paragraph 3 – introductory part
3. The Commission is empowered to adopt delegated acts in accordance with Article 75, in order to amend Annex II. Those amendments shall adapt to the developments of international technical and scientific standards and mayshall concern the requirements for the following:
Amendment 299 #
Proposal for a regulation
Article 7 – paragraph 3 – point g
Article 7 – paragraph 3 – point g
(g) production and marketing of pre- basic, basic and certified material of clones, selected clones, multiclonal mixtures and polyclonal PRM;
Amendment 301 #
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 B 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 308 #
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2
Article 7 – paragraph 4 – subparagraph 2
Those implementing acts shall be adopted in accordance with the examination procedure set out in Article 76(2), in order to adapt totaking into consideration the developments of the releveant international technical and scientific standards and the possible impacts on seed production availability and on small operators. It shall be proportionate to the categorie of PRM .
Amendment 309 #
Proposal for a regulation
Article 8 – paragraph 1 – point b – point ii
Article 8 – paragraph 1 – point b – point ii
(ii) in accordance with the requirements set out in Part A and Part D of Annex III, and its compliance with those requirements is attested by the operator’s label referred to in Article 16.
Amendment 310 #
Proposal for a regulation
Article 8 – paragraph 2 – point b – point ii
Article 8 – paragraph 2 – point b – point ii
(ii) in accordance with the requirements set out in Part B, Part C and Part E of Annex III, and its compliance with those requirements is attested by the operator’s label referred to in Article 16.
Amendment 318 #
Proposal for a regulation
Article 8 – paragraph 4 – point g
Article 8 – paragraph 4 – point g
(g) requirements for clones, selected clones, multiclonal mixtures andproduction and marketing polyclonal PRM of standard material;
Amendment 324 #
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 B 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 329 #
Proposal for a regulation
Article 8 – paragraph 5 – subparagraph 2
Article 8 – paragraph 5 – subparagraph 2
Those implementing acts shall be adopted in accordance with the examination procedure set out in Article 76(2), in order to adapt totaking into the consideration the developments of the releveant international technical and scientific standards and the possible impacts on seed production availability and on small operators. It shall be proportionate to the categorie of PRM.
Amendment 330 #
Proposal for a regulation
Article 9 – title
Article 9 – title
Amendment 331 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. In addition to the requirements referred to in Articles 4 to 43, pPre-basic, basic, certified and standard material of clones, selected clones, multiclonal mixtures and PRM and standard material of polyclonal PRMmaterial shall be produced and marketed in accordance with paragraphs 2 and 3 and the requirements set out respectively in Annex II, Part C, and Annex III, Part C.
Amendment 334 #
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
Amendment 335 #
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 2
Article 9 – paragraph 2 – subparagraph 2
That register shall include all elements referred to in the application for the registration of a clone, selected clone, multiclonal mixture and polyclonal PRM, as set out in Annex II, Part B, Part C point 2rticle 53a.
Amendment 337 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Clones, sSelected clones, multiclonal mixtures and polyclonal PRM shall be maintained for the purpose of preserving their identity. The persons responsible for maintenance of the clones, selected clones, multiclonal mixtures and polyclonal PRM shall take all measures to be able to make them verifiable by the competent authorities or any other person, on the basis of kept records.
Amendment 338 #
Proposal for a regulation
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3 a. Polyclonal PRM, registered in the Member States "selected clones and polyclonal material register" referred to in paragraph 2, is to be produced and marketed if it complies with all the requirements concerning standard material as referred to in Annex III Part C. Polyclonal PRM shall be accompanied by an operator’s label with the indication "Polyclonal material”, in accordance with article 17.
Amendment 343 #
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 companies or associations of professional operators employing qualified personnel for those activities;
Amendment 354 #
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1
Article 12 – paragraph 3 – subparagraph 1
The Commission may, by means of implementingdelegated acts, specify the requirements for the audits, training, examinations, inspections, sampling and testing, as referred to in paragraphs 1 and 2, with regard to particular genera or species.
Amendment 355 #
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 2 – introductory part
Article 12 – paragraph 3 – subparagraph 2 – introductory part
Those implementingdelegated acts may specify one or more of the following elements:
Amendment 357 #
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 2 – point c
Article 12 – paragraph 3 – subparagraph 2 – point c
(c) without prejudice of paragraph 1, use of particular accreditation schemes by the professional operator, and the possibility for the competent authorities to reduce the inspections, sampling and testing, and monitoring activities referred to in this Article due to the use of those schemes.
Amendment 365 #
Proposal for a regulation
Article 13 – paragraph 5 a (new)
Article 13 – paragraph 5 a (new)
5 a. The requirements laid down in paragraph 1 to 5 shall not apply to PRM produced and marketed according to Article 26.
Amendment 366 #
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. Lots of pre-basic, basic or certified PRM may be repackaged, re-labelled, and re-sealed only under official control by the competent authority, or by the professional operator under the official supervision of the competent authority.
Amendment 372 #
Proposal for a regulation
Article 14 – paragraph 6 a (new)
Article 14 – paragraph 6 a (new)
6 a. The requirements laid down in paragraph 1 to 5 shall not apply to PRM produced and marketed according to Article 26.
Amendment 382 #
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, not having been used previously, and easily visible. It shall indicate in a visible manner reference to any existing intelectual property rigths on the marketed variety.
Amendment 385 #
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, mayshall 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 materialinformation, and shall be related only to the production and marketing requirements or to labelling requirements forinformation on 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 ...). .
Amendment 388 #
Proposal for a regulation
Article 17 – paragraph 4 – subparagraph 1 – point a a (new)
Article 17 – paragraph 4 – subparagraph 1 – point a a (new)
(a a) the label for polyclonal material referred to in Article 9 (4);
Amendment 392 #
Proposal for a regulation
Article 17 – paragraph 4 – subparagraph 1 – point h
Article 17 – paragraph 4 – subparagraph 1 – point h
Amendment 401 #
Proposal for a regulation
Article 20 – paragraph 2 a (new)
Article 20 – paragraph 2 a (new)
2 a. At the request of a Member State, the Commission may authorize the addition or removal of a genus or species listed in Annex IV for the marketing of PRM on its territory. This request shall be based on an assessment taking into account elements listed in paragraph 2.
Amendment 420 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. After the marketing of standard seeds, the competent authorities shall carry out control plot tests to check whether the seeds comply with the respective varietal identity and varietal purity requirements, and with other requirementsquirements set out in Article 8 and Annex III, as appropriate.
Amendment 422 #
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. The proportion of the control plot tests shall be determined on the basis of a risk analysis concerning possible non- compliance of the respective seeds with those requirements. Such risk analysis shall be carried out by the competent authority on the basis of territorial characteristics, the existence of plant health risks in the region, and the track record of the professional operator.
Amendment 423 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. By way of derogation from Article 20, PRM of genera and species listed in Annex I and belonging to a conservation variety registered in a national variety register referred to in Article 44(1), point (b), may be produced and marketed in the Union as standard seed or material, if it complies with all the requirements concerning standard seed and material for the respective species, as referred to in Article 8.
Amendment 428 #
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. By way of derogation from Articles 7(1), (3) and Article 8(1), (3) and Articles 13 to 20, the PRM of heterogeneous material referred to in paragraph 1 shall be produced and marketed in accordance with the requirements set out in Annex VI.
Amendment 430 #
Proposal for a regulation
Article 27 – paragraph 3 – subparagraph 1 – introductory part
Article 27 – paragraph 3 – subparagraph 1 – introductory part
The Commission is empowered to adopt a delegated act in accordance with Article 75, amending Annex VI. Those amendments may concern all, or particular genera or species only, with the exception of organic heteregoneous material, and shall:
Amendment 431 #
Proposal for a regulation
Article 27 – paragraph 3 – subparagraph 1 – point c
Article 27 – paragraph 3 – subparagraph 1 – point c
Amendment 435 #
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 authority3 months, the PRM of heterogeneous material may be marketed.
Amendment 436 #
Proposal for a regulation
Article 27 – paragraph 5 – subparagraph 3 – introductory part
Article 27 – paragraph 5 – subparagraph 3 – introductory part
The professional operator producing PRM of heterogeneous material intended for marketing shall also record and keep the following information:
Amendment 437 #
Proposal for a regulation
Article 27 – paragraph 5 – subparagraph 3 – point d
Article 27 – paragraph 5 – subparagraph 3 – point d
(d) the breedingwhere applicable, the breeding or production location of the PRM of heterogeneous material and production location;
Amendment 440 #
Proposal for a regulation
Article 27 – paragraph 5 – subparagraph 4
Article 27 – paragraph 5 – subparagraph 4
The competent authorities shall have access to the information referred to in this paragraph in the context of post-marketing controls.
Amendment 442 #
Proposal for a regulation
Article 27 – paragraph 7 – subparagraph 1
Article 27 – paragraph 7 – subparagraph 1
Heterogeneous material as notified pursuant to paragraph 1, shall be registered by the competent authorities in a dedicated register (‘heterogeneous material register’). The register shall be free of charge to the professional operator.
Amendment 444 #
Proposal for a regulation
Article 27 – paragraph 7 – subparagraph 2
Article 27 – paragraph 7 – subparagraph 2
The competent authorities shall keep, update and publish that register, make it accessible online and notify immediately its content and updates to the Commission.
Amendment 445 #
Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 1 – introductory part
Article 28 – paragraph 1 – subparagraph 1 – introductory part
By way of derogation from Articles 5 - 12, 14, 15 and 20, PRM may be marketed to final users, if it complies with all of the following requirements:
Amendment 448 #
Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 1 – point a
Article 28 – paragraph 1 – subparagraph 1 – point a
(a) to bear an operator’s label with the denomination of the PRM and the indication ‘Plant reproductive material for final users – not officially certified’ or, in the case of seeds, ‘Seeds for final users – not officially certified’;
Amendment 449 #
Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 1 – point d
Article 28 – paragraph 1 – subparagraph 1 – point d
(d) to be marketed as individual plants, or, in the case of seeds and tubers, in small packages, as defined in Article 3 (35a new).
Amendment 452 #
Proposal for a regulation
Article 28 – paragraph 2 – subparagraph 1
Article 28 – paragraph 2 – subparagraph 1
Amendment 456 #
Proposal for a regulation
Article 28 – paragraph 2 – subparagraph 2
Article 28 – paragraph 2 – subparagraph 2
Amendment 458 #
Proposal for a regulation
Article 29 – title
Article 29 – title
PRM marketed to andby, between gene banks,and within organisations and networks dedicated to the dynamic conservation, enrichment and sustainable use of plant genetic resources
Amendment 465 #
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, orby, between, gene banks, and within not- for-profit purposes organisations and networks 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 purposdynamically conserve, enrich and sustainably use plant genetic resources.
Amendment 468 #
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, organisations and networks to persons who carry out, or their members, to persons who also contribute to the dynamic conservation of that PRM as final consumers, for non-profit or for professional farming purposes.
Amendment 472 #
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 3 – point a
Article 29 – paragraph 1 – subparagraph 3 – point a
(a) be listedhave a basic description made publicly available on the package or in a private documentation or in a register kept by those gene banks, organisations and networks with an appropriate description of that PRM, in case of not belonging to a variety registered in a national variety register referred to in Article 44. This description shall be made available by the natural or legal person placing the PRM on the market upon request to the competent authority;
Amendment 477 #
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, organisations and networks, and samples of that PRM be made available by them to the competent authorities upon request; and
Amendment 478 #
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 3 – point c
Article 29 – paragraph 1 – subparagraph 3 – point c
Amendment 485 #
Proposal for a regulation
Article 30 – title
Article 30 – title
Amendment 498 #
Proposal for a regulation
Article 30 – paragraph 1 – point 2
Article 30 – paragraph 1 – point 2
(2) are derived from the respective farmer’s own harvestcrops;
Amendment 501 #
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 servicemultiplication contract conducted by the respective farmer with a professional operator performing seed production; and
Amendment 506 #
Proposal for a regulation
Article 30 – paragraph 1 – point 4
Article 30 – paragraph 1 – point 4
(4) the seedPRM is used for dynamic management of farmer’s own seedreproductive material for the purpose of contributing to agro-diversity.
Amendment 508 #
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 518 #
Proposal for a regulation
Article 30 – paragraph 2 – point b
Article 30 – paragraph 2 – point b
(b) to beeach transaction is limited to the small quantities, defined by the competent authorities for specific species per year and per farmer, without using commercial intermediaries or public offer of marketingpresent in the small packages defined in Article 3 (35 a new) ; and
Amendment 522 #
Proposal for a regulation
Article 30 – paragraph 2 – point c
Article 30 – paragraph 2 – point c
(c) to be visually practically free from quality pests and any defects likely to impact their quality as seeds, and shall have satisfactory germination capacityPRM.
Amendment 532 #
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 with regard to the volume of production of that species in the Member State, as specified by the competent authority.
Amendment 549 #
Proposal for a regulation
Article 36 – paragraph 1 – subparagraph 1
Article 36 – paragraph 1 – subparagraph 1
The Commission, by means of implementing acts, may authorise the Member States to impose, with regards to production and marketing of PRM, more stringent production or marketing requirements than those referred to in Articles 7 and 8, in all or part of the territory of the Member State concerned, provided that those more stringent requirements correspond to specific production conditions in, and agro-climatic needs, of that Member State in regard to the respective PRM. These requirements shall be proportionate in light of the costs of production and marketing and the impacts of the foreseen more stringent requirements of the PRM in question.
Amendment 552 #
Proposal for a regulation
Article 38 – paragraph 1 – subparagraph 1
Article 38 – paragraph 1 – subparagraph 1
By way of derogation from Articles 2, 5, 6, 7, 8 and 20, 9, 20, 26, 27 and 47 to 53, the Commission may, by means of implementingdelegated acts, decide on the organisation of temporary experiments to seek improved alternatives to provisions of this Regulation concerning the genera and species it applies to, the requirements for belonging to a registered variety, a conservation variety, a PRM of heterogeneous material, the production and marketing requirements for pre-basic, basic, certified and standard material or seed, and the obligation to belong to pre-basic, basic and certified material or seed.
Amendment 555 #
Proposal for a regulation
Article 38 – paragraph 1 – subparagraph 2
Article 38 – paragraph 1 – subparagraph 2
Those experiments may take the form of technical or scientific trials examining the feasibility and appropriateness of new requirements compared to the ones set out in Articles 2, 5, 6, 7, 8 and 20, 9, 20, 26, 27 and 47 to 53 of this Regulation.
Amendment 561 #
Proposal for a regulation
Article 39 – paragraph 1 – subparagraph 2
Article 39 – paragraph 1 – subparagraph 2
Amendment 567 #
Proposal for a regulation
Article 41 – paragraph 1 – introductory part
Article 41 – paragraph 1 – introductory part
Professional operators, which produce PRMas defined in article 3 (2) of this regulation, which produce PRM with a view to marketing, shall:
Amendment 569 #
Proposal for a regulation
Article 41 – paragraph 1 a (new)
Article 41 – paragraph 1 a (new)
The requirements laid down in paragraph 1 (d) and (e) shall not apply to micro- enterprises.
Amendment 583 #
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, andin the case of species listed in Part A, Part D and Part E of Annex I fulfil the requirements for satisfactory value for sustainable cultivation and use, as set out in Article 52; or
Amendment 592 #
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, asby the competent authorities responsible for registration and, in the case the varieties are to be cultivated in another Member State, adopted by the respective competent authorities responsible for registration,y, in order to avoid the development of herbicide resistance in weeds due to their use;
Amendment 597 #
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, asby the competent authorities responsible for their registration and, in the case the varieties are to be cultivated in another Member State, adopted by the respective competent authorities responsible for their registration,y, in order to avoid those particular undesirable agronomic effects, such as the development of resistance of pests to the respective varieties or undesirable effects on pollinators.
Amendment 599 #
Proposal for a regulation
Article 47 – paragraph 2 – subparagraph 1 – introductory part
Article 47 – paragraph 2 – subparagraph 1 – introductory part
The Commission shall adopt, by means of implementing acts, specific requirements for carrying out the examinations in respect of trial design and growing conditions concerning:
Amendment 600 #
Proposal for a regulation
Article 47 – paragraph 3 – subparagraph 1 – introductory part
Article 47 – paragraph 3 – subparagraph 1 – introductory part
The Commission is empowered to adopt delegated acts in accordance with Article 75, supplementing this Regulation with definition of particular characteristics that may lead to undesirable agronomic effects pursuant to paragraph 1(g) and the minimum cultivation conditions to be adopted by the competent authorities pursuant to paragraphs 1(f) and (g), concerning:
Amendment 606 #
Proposal for a regulation
Article 48 – paragraph 2 – point a
Article 48 – paragraph 2 – point a
(a) the variety is included in a national variety register, the commercial catalogue of a professional operator selling PRM to final users, or documentation made publicly available or provided to the competent authority by natural or legal persons involved in the dynamic conservation, enrichment and sustainable use of plant genetic diversity;
Amendment 609 #
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 belonging to a species listed in Part A, Part D and Part E of Annex I 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, offers a clear improvement for the sustainable cultivation and the uses which can be made of the crops, other plants or the products derived therefrom, considering its intended uses and cultivation zone.
Amendment 613 #
Proposal for a regulation
Article 52 – paragraph 1 – subparagraph 2 – point g
Article 52 – paragraph 1 – subparagraph 2 – point g
(g) quality, technological or nutritional characteristics.
Amendment 617 #
Proposal for a regulation
Article 52 – paragraph 2 a (new)
Article 52 – paragraph 2 a (new)
2a. Examination of the value for sustainable cultivation and use shall be made possible for the species listed in Parts B and C of Annex I on a voluntary basis. Where the examination of the sustainable cultivation and use has been carried out by an official competent authority or under the official supervision and guidance of the competent authority pursuant to Article 61, it shall allow the inclusion of claim on the area of the label mentioned in Paragraph 5 of Article 17. That claim shall only concern the characteristics that have shown to offer a clear improvement compared to other varieties of the same species during the examination tests. The voluntary system will allow competent authorities to develop methodologies to assess the characteristics listed under paragraph 1, points (a) to (g).
Amendment 618 #
Proposal for a regulation
Article 52 – paragraph 2 b (new)
Article 52 – paragraph 2 b (new)
2b. In the case of a genetically modified variety within the meaning of Article 2(1) and (2) of Directive 90/220/EEC, or a Category 1 NGT plant as defined in Article 3(7) of Regulation (EU) .../... (Office of Publications, please insert reference to NGT Regulation ...) or a Category 2 NGT as defined in Article 3(8) of Regulation (EU) .../... (Office of Publications, please insert reference to NGT Regulation …) the variety shall be accepted only if all appropriate measures have been taken to avoid adverse effects on human health and the environment.
Amendment 622 #
Proposal for a regulation
Article 52 – paragraph 4 – subparagraph 2
Article 52 – paragraph 4 – subparagraph 2
Where competent authorities are not able to carry out an examination under organic conditions, or the examination of certain characteristics, including disease susceptibility, testing may be carried out under in-conversion or low-input conditions and with only the absolutely necessary for the completion of the testing treatments with pesticides and other external inputs for the completion of the testing. Where applicable, Member States must report annually to the Commission on the reasons implying those treatments as well as on the commitments taken to enable this transition in the future.
Amendment 623 #
Proposal for a regulation
Article 52 – paragraph 4 a (new)
Article 52 – paragraph 4 a (new)
4a. By the fifth year after the date of application of this Regulation, the Commission shall evaluate the results of the voluntary system referred to in paragraph 3, and summarize the results of this evaluation in a report, assessing whether that examination should be made or not mandatory for some or all the species listed in Parts B and C of Annex I..
Amendment 628 #
Proposal for a regulation
Article 53 – paragraph 1 – subparagraph 1 (new)
Article 53 – paragraph 1 – subparagraph 1 (new)
The registration is free of charge for the applicant.
Amendment 630 #
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. The competent authority shall communicate to the applicant the decision, stating the reasons justifying such refusal.
Amendment 635 #
Proposal for a regulation
Article 53 – paragraph 4 – subparagraph 2
Article 53 – paragraph 4 – subparagraph 2
Amendment 637 #
Proposal for a regulation
Article 53 a (new)
Article 53 a (new)
Article 53a Requirements for the registration of a selected clone and polyclonal PRM in the national register 1. The applicant shall submit an application to the competent authority indicating: (a) species and, as applicable, variety to which the selected clone or polyclonal PRM belongs, whereby the variety shall be registered in a national variety register referred to in Article 44; (b) proposed denomination and synonyms; (c) where applicable, description of the polyclonal PRM; (d) the maintainer of the selected clone or polyclonal PRM; (e) reference to the description of the main characteristics of the variety to which the selected clone or polyclonal PRM belongs; (f) description of the main VSCU characteristics of the selected clone or polyclonal PRM; (g) the estimated genetic gains of the selected clone or polyclonal PRM in relation to the overall performance of the relevant variety; (h) information on whether the selected clone or polyclonal PRM is already registered in a register of another Member State. 2. The selected clone shall fulfil the following requirements in order to be registered: (a) the selected clone shall be selected within the variety it belongs for some special intravarietal phenotypic traits and its phytosanitary status that give the selected clone a better performance, in accordance with internationally accepted methods 1a; (b) the trueness of the selected clone to the identity of the variety shall be ensured through the observation of the phenotypic characteristics and, where appropriate, through molecular analysis pursuant to internationally accepted standards. 3. The polyclonal PRM shall fulfil the following requirements in order to be registered: (a) the polyclonal PRM shall be selected in a single field trial containing a representative sample of the overall genetic diversity of the variety according to an experimental design based on internationally accepted methods. That design shall be based on methods prescribed by the International organisation of vine and wine and shall be composed of 7 to 20 distinct genotypes 1b; (b) the trueness of the polyclonal PRM to the identity of the variety shall be ensured through the observation of the phenotypic characteristics and, where appropriate, through molecular analysis pursuant to internationally accepted standards. 4. The competent authority shall decide on the registration only after it concludes that the conditions set out in paragraphs 2 and 3, as applicable for the type of material, are fulfilled. _________________ 1a Office International de la Vigne et du Vin (OIV), resolution OIV-VITI 564A- 2017. 1b Office International de la Vigne et du Vin (OIV), resolution OIV-VITI 564B- 2019.
Amendment 640 #
Proposal for a regulation
Article 54 – paragraph 1 – point c – paragraph 1 – point i
Article 54 – paragraph 1 – point c – paragraph 1 – point i
(i) 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 in the commercial catalogue of a professional operator, or in documentation made publicly available or submitted to the competent authority by a natural or legal person involved in the dynamic conservation and sustainable use of plant genetic resources and agro-biodiversity; or
Amendment 641 #
Proposal for a regulation
Article 54 – paragraph 1 – point c – paragraph 1 – point ii a (new)
Article 54 – paragraph 1 – point c – paragraph 1 – point ii a (new)
(iia) of another unregistered traditional or local variety or the products derived from them;
Amendment 649 #
Proposal for a regulation
Article 56 – paragraph 1 – point l a (new)
Article 56 – paragraph 1 – point l a (new)
(la) in the case of an application concerning varieties protected by a granted patent or a pending application for patent, the proof that the variety is protected by such right, with all corresponding information thereof;
Amendment 651 #
Proposal for a regulation
Article 56 – paragraph 1 – point o
Article 56 – paragraph 1 – point o
(o) in case the variety is tolerant to herbicides pursuant to Article 47(1)(f) or has particular characteristics that may lead to undesirable agronomic effects pursuant to Article(1)(g), indication of that fact and the intended use or conditions of cultivation, if applicable pursuant to Article 47(2), of the variety.
Amendment 661 #
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), and only for breeders under the voluntary system referred to in Article 52 (2a new) 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 be carried out by the applicant if:
Amendment 665 #
Proposal for a regulation
Article 61 – paragraph 5 a (new)
Article 61 – paragraph 5 a (new)
5a. No authorisation shall be granted in the cases where a variety is a genetically modified variety within the meaning of Article 2(1) and (2) of Directive 90/220/EEC, or a Category 1 NGT plant as defined in Article 3(7) of Regulation (EU) .../... (Office of Publications, please insert reference to NGT Regulation ...) or a Category 2 NGT as defined in Article 3(8) of Regulation (EU) .../... (Office of Publications, please insert reference to NGT Regulation …), or a variety tolerant to herbicides pursuant to Article 47(1)(f) or has particular characteristics that may lead to undesirable agronomic effects pursuant to Article(1)(g).
Amendment 667 #
Proposal for a regulation
Article 62 – paragraph 1 – subparagraph 1 – point a
Article 62 – paragraph 1 – subparagraph 1 – point a
(a) qualification, training and activities of staff of the competent authority, accredited third parties or of the applicant, for the purposes of the technical examination referred to in Article 61;
Amendment 676 #
Proposal for a regulation
Article 68 – paragraph 1
Article 68 – paragraph 1
1. By way of derogation from Articles 54 to 67, the competent authorities shall immediately register in their national variety registers all varieties officially accepted or registered before … [the date of the entry into force of this Regulation], in the catalogues, lists or registers established by their Member States pursuant to Article 5 of Directive 68/193/EEC, Article 3 of Directive 2002/53/EC, Article 3(2) of Directive 2002/55/EC and varieties with an official description pursuant to Article 7(4) of Directive 2008/90/EC, without applying the registration procedure set out by those Articles.
Amendment 680 #
Proposal for a regulation
Article 68 – paragraph 2
Article 68 – paragraph 2
2. By way of derogation from Article 53, varieties accepted in accordance with Article 3 of Directive 2008/62/EC and Article 3(1) and Article 21(1) of Directive 2009/145/EC and varieties with an official description pursuant to the Article 7 of Directive 2088/90/EC before… [OJ, please, insert the date of the entry into force of this Regulation] shall be immediately registered in the national variety registers as conservation varieties provided with an officially recognised description without applying the registration procedure set out by that Article.
Amendment 703 #
Proposal for a regulation
Article 81 – paragraph 1 – point 1 – point b
Article 81 – paragraph 1 – point 1 – point b
Article 3 b – point 18 Regulation (EU) 2018/848
Amendment 704 #
Proposal for a regulation
Article 81 – paragraph 1 – point 2
Article 81 – paragraph 1 – point 2
Amendment 705 #
Proposal for a regulation
Article 81 – paragraph 1 – point 3
Article 81 – paragraph 1 – point 3
Amendment 707 #
Proposal for a regulation
Article 83 – paragraph 3 – point b
Article 83 – paragraph 3 – point b
Amendment 719 #
Proposal for a regulation
Annex II – Part B – subheading 1
Annex II – Part B – subheading 1
REQUIREMENTS FOR THE PRODUCTION AND MARKETING OF PRE-BASIC, BASIC AND CERTIFIED MATERIAL OF AGRICULTURAL AND VEGETABLE SPECIES AND FRUIT PLANTS
Amendment 720 #
Proposal for a regulation
Annex II – Part C – subheading 1
Annex II – Part C – subheading 1
REQUIREMENTS FOR THE PRODUCTION, REGISTRATION AND MARKETING OF SELECTED CLONES, MULTICLONAL MIXTURES AND POLYCLONAL PRM OF PRE-BASIC, BASIC AND CERTIFIED MATERIAL AS REFERRED TO IN ARTICLE 9 (1)
Amendment 721 #
Proposal for a regulation
Annex II – Part C – point 1 – introductory part
Annex II – Part C – point 1 – introductory part
1. Requirements for the production of pre-basic, basic and certified selected clones, multiclonal mixtures and polyclonal PRM
Amendment 722 #
Proposal for a regulation
Annex II – Part C – point 1 – Part A – point a
Annex II – Part C – point 1 – Part A – point a
(a) The identity of the selected clone, multiclonal mixture or polyclonal PRM shall be determined through an official label or a label issued by the professional operator and recorded by the professional operator to ensure its traceability. The label of the material or the records, on the respective mother plants for the production of each selected clone and the respective genotypes for the production of the polyclonal PRM, shall be kept by the professional operator after the marketing of that PRM.
Amendment 723 #
Proposal for a regulation
Annex II – Part C – point 1 – Part A – point b – point i
Annex II – Part C – point 1 – Part A – point b – point i
Amendment 724 #
Proposal for a regulation
Annex II – Part C – point 1 – Part B – point d
Annex II – Part C – point 1 – Part B – point d
(d) The respective mother plants and the respective genotypes shall be excluded as a source of PRM in case of defects.
Amendment 725 #
Proposal for a regulation
Annex II – Part C – point 1 – Part B – point e
Annex II – Part C – point 1 – Part B – point e
(e) The respective mother plants and the respective genotypes shall be maintained in all phases of cultivation, under conditions to enable the production of PRM, and to permit their identification and verification of compliance with the official description or the officially recognised description of their variety. In the case of mother plants not belonging to a variety, that verification of compliance with the official description or the officially recognised description shall concern the species to which those mother plants belong.
Amendment 726 #
Proposal for a regulation
Annex II – Part C – point 1 – Part B – point i
Annex II – Part C – point 1 – Part B – point i
Amendment 727 #
Proposal for a regulation
Annex II – Part C – point 1 – Part B – point j
Annex II – Part C – point 1 – Part B – point j
Amendment 728 #
Proposal for a regulation
Annex II – Part C – point 2
Annex II – Part C – point 2
Amendment 729 #
Proposal for a regulation
Annex II – Part D – subheading 1
Annex II – Part D – subheading 1
REQUIREMENTS FOR THE PRODUCTION AND MARKETING OF PRE-BASIC, BASIC AND CERTIFIED SEED OF FRUIT PLANTS, VINE AND SEED POTATOES
Amendment 730 #
Proposal for a regulation
Annex II – Part D – point 1 – introductory part
Annex II – Part D – point 1 – introductory part
1. Requirements for the production of pre-basic, basic and certified seed of fruit plants, vine and seed potatoes
Amendment 731 #
Proposal for a regulation
Annex II – Part D – point 2 – introductory part
Annex II – Part D – point 2 – introductory part
2. Requirements for the marketing of pre-basic, basic and certified seed of fruit plants, vine and seed potatoes
Amendment 747 #
Proposal for a regulation
Annex III – Part B – subheading 1
Annex III – Part B – subheading 1
REQUIREMENTS FOR THE PRODUCTION AND MARKETING OF STANDARD MATERIAL OF AGRICULTURAL AND VEGETABLE SPECIES, FRUIT PLANTS AND VINE
Amendment 749 #
Proposal for a regulation
Annex III – Part B – paragraph 1
Annex III – Part B – paragraph 1
Amendment 750 #
Proposal for a regulation
Annex III – Part B – paragraph 1 – subparagraph 1 (new)
Annex III – Part B – paragraph 1 – subparagraph 1 (new)
Vine rootstocks may not be marketed as standard material.
Amendment 754 #
Proposal for a regulation
Annex III – Part C – subheading 1
Annex III – Part C – subheading 1
REQUIREMENTS FOR THE REGISTRATION, PRODUCTION AND MARKETING OF SELECTED CLONES, MULTICLONAL MIXTURES AND POLYCLONAL PRM OF STANDARD MATERIALPOLYCLONAL PRM AS REFERRED TO IN ARTICLE 9 (1)
Amendment 755 #
Proposal for a regulation
Annex III – Part C – paragraph 1
Annex III – Part C – paragraph 1
Amendment 757 #
Proposal for a regulation
Annex III – Part C – paragraph 2
Annex III – Part C – paragraph 2
1. The requirements set out in Part C (1) A of Annex II shall apply accordingly for the registration, production and marketing of selected clones, multiclonal mixtures and polyclonal PRM of standard materialplanting of polyclonal PRM .
Amendment 758 #
Proposal for a regulation
Annex III – Part C – paragraph 2 a (new)
Annex III – Part C – paragraph 2 a (new)
2. Field cultivation: (a) During all stages of cultivation, propagating and planting material shall be kept separate from each other. (b) Off-types and deformed or damaged plants shall be disposed of at all stages of cultivation in order to ensure varietal identity and purity, or, in the case of rootstocks not belonging to a variety, trueness to the identity of the species, as well as deformed or damaged plants and for efficient production. (c) The respective mother plants shall be excluded as a source of PRM in case of defects. (d) The respective mother plants shall be maintained in all phases of cultivation, under conditions to enable the production of PRM, and to permit their identification and verification of compliance with the official description or the officially recognised description of their variety. (e) Mother plants shall be inspected visually at their relevant growth stage(s), at the relevant frequency and with the relevant methods as appropriate for the genera or species concerned.
Amendment 759 #
Proposal for a regulation
Annex III – Part C – paragraph 2 b (new)
Annex III – Part C – paragraph 2 b (new)
2. Requirements for the marketing of polyclonal PRM The material shall fulfil all of the following requirements, depending on the characteristics of each genus or species concerned: (a) have minimum vigour, defined dimension, and, where applicable, specific grading, to ensure the appropriateness of the material and sufficient homogeneity of the lot for planting; (b) be practically free from specific defects. (iii) the mixture of genotypes constituting the polyclonal PRM shall be made before the final packaging of that PRM and shall include identical proportions of all genotypes that constitute the polyclonal PRM. However, a tolerance is admissible, the frequency of any single genotype must never exceed twice that of the least frequent genotype.
Amendment 760 #
Proposal for a regulation
Annex III – Part D – subheading 1
Annex III – Part D – subheading 1
REQUIREMENTS FOR THE PRODUCTION AND MARKETING OF STANDARD SEED OF FRUIT PLANTS, VINE AND SEED POTATOES
Amendment 781 #
Proposal for a regulation
Annex VI – Part A – paragraph 2
Annex VI – Part A – paragraph 2
The notification shall be sent by registered letter or by any other means of communication accepted by the competent authorities with confirmation of receipt requested. Three months after the date shown on the return receipt provided that no additional information was requested or that non formal refusal for reasons of incompleteness of the notification was communicated to the supplier, the competent authority shall be deemed to have acknowledged the notification and its content, and the heterogeneous material shall be included in the heterogeneous material register. That register shall remain free of charge to the supplier.
Amendment 782 #
Proposal for a regulation
Annex VI – Part B – point 2 – introductory part
Annex VI – Part B – point 2 – introductory part
2. The heterogeneous material may be generated byoriginate from one of the following techniques:
Amendment 788 #
Proposal for a regulation
Annex VII – paragraph 1 – point t a (new)
Annex VII – paragraph 1 – point t a (new)
(ta) whether the variety is covered by any granted or pending plant breeder’s right or patent, with the corresponding information thereof.