BETA

108 Amendments of Ulrike RODUST related to 2013/0137(COD)

Amendment 99 #
Proposal for a regulation
Title
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL On the production and making available on the market of plant reproductive material (plant reproductive material law) (Text with EEA relevance)
2013/12/18
Committee: AGRI
Amendment 163 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
(a) the production, with a view to making available on the market, of plant reproductive material; andeleted
2013/12/18
Committee: AGRI
Amendment 194 #
Proposal for a regulation
Article 2 – paragraph 1 – point d
(d) exchanged in kind betweenbetween persons other than professional operators, or between professional operators and persons other than professional operators.
2013/12/18
Committee: AGRI
Amendment 212 #
Proposal for a regulation
Article 3 – point 2
(2) ‘plant reproductive material’ means seed and other propagating material; 'seed' means seeds of plants intended for cultivation; 'other propagating material' means parts of plant(s) capable of, and intended for, producing entire plants;
2013/12/18
Committee: AGRI
Amendment 228 #
Proposal for a regulation
Article 3 – point 5
(5) ‘making available on the market’ means the holding for the purpose of sale within the Union, including offering for sale or for any other form of transfer, and the sale, distribution, import into, and export out of, the Union and other forms of transfer, by a professional operator aimed at commercial exploitation and whether free of charge or not;
2013/12/18
Committee: AGRI
Amendment 238 #
Proposal for a regulation
Article 3 – point 6 – introductory part
(6) ‘professional operator’ means any natural or legal person carrying out, as a profession, at least one of the following activities with regard to plant reproductive material aimed at commercial exploitation:
2013/12/18
Committee: AGRI
Amendment 240 #
Proposal for a regulation
Article 3 – point 6 – point a
(a) producing;deleted
2013/12/18
Committee: AGRI
Amendment 246 #
Proposal for a regulation
Article 3 – point 6 – point b
(b) breeding;deleted
2013/12/18
Committee: AGRI
Amendment 248 #
Proposal for a regulation
Article 3 – point 6 – point c
(c) maintaining;deleted
2013/12/18
Committee: AGRI
Amendment 249 #
Proposal for a regulation
Article 3 – point 6 – point d
(d) providing services;deleted
2013/12/18
Committee: AGRI
Amendment 251 #
Proposal for a regulation
Article 3 – point 6 – point e
(e) preserving, including storing; andeleted
2013/12/18
Committee: AGRI
Amendment 284 #
Proposal for a regulation
Article 6
Professional operators shall ensure that plant reproductive material produced and made available on the market under their control fulfils the requirements of this Regulation.
2013/12/18
Committee: AGRI
Amendment 286 #
Proposal for a regulation
Article 7 – title
Specific responsibilities of professional operators producing plant reproductive material
2013/12/18
Committee: AGRI
Amendment 290 #
Proposal for a regulation
Article 7 – introductory part
Professional operators producing plant reproductive material shall:
2013/12/18
Committee: AGRI
Amendment 296 #
Proposal for a regulation
Article 8 – paragraph 1
1. Professional operators shall ensure that plant reproductive material is traceable at all stages of production andthe entry and exit of each operator's premises involved in its making available on the market.
2013/12/18
Committee: AGRI
Amendment 300 #
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1
For the purpose of paragraph 1, professional operators, with the exception of farmers exchanging seeds from their own farm on their own behalf and for their own account, and operators whose annual turnover or annual balance sheet total does not exceed EUR 2 million, shall keep information allowing them to identify the persons to whom they have supplied plant reproductive material and the material concerned, unless that material has been supplied in retail.
2013/12/18
Committee: AGRI
Amendment 321 #
Proposal for a regulation
Article 9
This Part shall apply to the production, with a view to making available on the market, and to the making available on the market of plant reproductive material other than forest reproductive material.
2013/12/18
Committee: AGRI
Amendment 327 #
Proposal for a regulation
Article 10 – point 4
(4) ‘clone’ means an individual progeny, originally derived from another plant by vegetative reproduction, which remains genetically identical to the latter;deleted
2013/12/18
Committee: AGRI
Amendment 331 #
Proposal for a regulation
Article 10 – point 5
(5) ‘variety maintenance’ means the actions to ensure that a variety remains consistent with its descagronomically relevant characteripstioncs;
2013/12/18
Committee: AGRI
Amendment 351 #
Proposal for a regulation
Article 10 – point 10 a (new)
(10a) 'heterogeneous material' means plant reproductive material that does not belong to a variety as defined in Point (1) of this Article, and is not a mixture of varieties protected by any intellectual property right.
2013/12/18
Committee: AGRI
Amendment 352 #
Proposal for a regulation
Part III – Title II
Production and mMaking available on the market of plant reproductive material belonging to genera and species listed in Annex I
2013/12/18
Committee: AGRI
Amendment 353 #
Proposal for a regulation
Article 11 – paragraph 1 – introductory part
1. This Title shall apply to the production and making available on the market of plant reproductive material belonging to genera and species which comply with one or more of the following criteria:
2013/12/18
Committee: AGRI
Amendment 356 #
Proposal for a regulation
Article 11 – paragraph 1 – point a
(a) they represent a significant area of production, larger than 0,1% of the total agricultural area of the European Union;
2013/12/18
Committee: AGRI
Amendment 359 #
Proposal for a regulation
Article 11 – paragraph 1 – point b
(b) they represent a significant value of production, larger than 0,1% of the total value of agricultural production of the European Union;
2013/12/18
Committee: AGRI
Amendment 362 #
Proposal for a regulation
Article 11 – paragraph 1 – point c
(c) they are produced or made available on the market by a significant number ofmore than 100 professional operators in the Union;
2013/12/18
Committee: AGRI
Amendment 363 #
Proposal for a regulation
Article 11 – paragraph 1 – point c
(c) they are produced or made available on the market by a significant number of professional operators in the Union;
2013/12/18
Committee: AGRI
Amendment 366 #
Proposal for a regulation
Article 11 – paragraph 1 – point d
(d) they contain substances which, for all or particular uses, must be subject to particular rules concerning the protection of human and animal health, and the environment.deleted
2013/12/18
Committee: AGRI
Amendment 408 #
Proposal for a regulation
Article 13 – title
Production and mMaking available on the market of pre- basic, basic, certified and standard material
2013/12/18
Committee: AGRI
Amendment 411 #
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
1. Plant reproductive material produced and made available on the market shall comply with:
2013/12/18
Committee: AGRI
Amendment 422 #
Proposal for a regulation
Article 13 – paragraph 2
2. Paragraphs 1(a) and 1(b) shall not apply to productionquality requirements of plant reproductive material referred to in Article 14(3) and Article 36.
2013/12/18
Committee: AGRI
Amendment 424 #
Proposal for a regulation
Article 14 – paragraph 1
1. Plant reproductive material may be produced and made available on the market only if it belongs to a variety registered in a national variety register referred to in Article 51 or in the Union variety register referred to in Article 52. or if a description of the plant reproductive material is available to the purchaser.
2013/12/18
Committee: AGRI
Amendment 426 #
Proposal for a regulation
Article 14 – paragraph 1
1. Plant reproductive material may be produced and made available on the market only if it belongs to a variety registered in a national variety register referred to in Article 51 or in the Union variety register referred to in Article 52.
2013/12/18
Committee: AGRI
Amendment 437 #
Proposal for a regulation
Article 14 – paragraph 3
[…]deleted
2013/12/18
Committee: AGRI
Amendment 466 #
Proposal for a regulation
Article 15
Article 15 Requirement to belong to registered clones Plant reproductive material belonging to a clone may be produced and made available on the market only if that clone is registered in a national variety register referred to in Article 51 or in the Union variety register referred to in Article 52.deleted
2013/12/18
Committee: AGRI
Amendment 474 #
Proposal for a regulation
Article 15 a (new)
Article 15 a Making heterogeneous material available on the market 1. Plant reproductive material may be produced and made available on the market as heterogeneous material, registered in a national variety register referred to in Article 51, on the basis of an officially recognised description. This includes inter alia a) Landraces, conservation varieties or selections thereof which do not comply with articles 60, 61 and 62 but provide a certain stability as regards their agronomic performance, b) multicomponent varieties derived from open pollination (polycross) of a defined set of parental lines which do not comply with articles 60, 61 and 62 but provide a certain stability as regards their agronomic performance, c) Open pollinated varieties and populations of completely or partially outcrossing species which do not comply with articles 60, 61 and 61 but provide a certain stability as regards their agronomic performance, d) Population crosses between open pollinated populations or open pollinated varieties with high level of heterogeneity, e) Composite cross populations derived from crosses of defined parental lines and evolved in a certain environment with a high level of heterogeneity and high plasticity needed for adaptation to changing environmental conditions. 2. Heterogeneous material is obtained through methods which respect natural crossing barriers. 3. The making available on the market of heterogeneous material shall comply with the provisions of Title III.
2013/12/18
Committee: AGRI
Amendment 480 #
Proposal for a regulation
Article 16 – paragraph 1
1. Plant reproductive materialSeed and potato seed shall be produced in accordance with the production requirements set out in Part A of Annex II and shall be made available on the market only if it fulfils the quality requirements set out in Part B of Annex II.
2013/12/18
Committee: AGRI
Amendment 481 #
Proposal for a regulation
Article 16 – paragraph 1
1. Plant reproductive material undergoing official certification shall be produced in accordance with the production requirements set out in Part A of Annex II and shallmay be made available on the market only if it fulfils the quality requirements set out in Part B of Annex II.
2013/12/18
Committee: AGRI
Amendment 487 #
Proposal for a regulation
Article 17 – paragraph 3
3. During processing, packaging, storage, transport or at delivery, lots of plant reproductive material may be split into two or more lots. In that case the professional operator shall keep records concerning the origin of the new lots except when there is no more than one intermediary between the producer and the user and all professional operators concerned supply the same local or regional markets.
2013/12/18
Committee: AGRI
Amendment 500 #
Proposal for a regulation
Article 20 – paragraph -1 (new)
-1. This article applies to potatoes and to species which are grown on more than 5% of the total agricultural area in the Union. These species are listed in Annex Ia.
2013/12/18
Committee: AGRI
Amendment 535 #
Proposal for a regulation
Article 25
Where the official labels are produced by the competent authorities, as referred to in point (b) of Article 22, the competent authorities shall carry out all necessary field inspections, sampling and testing in accordance with the certification schemes, adopted pursuant to Article 20(2), to confirm compliance with the production and quality requirements adopted pursuant to Article 16(2).
2013/12/18
Committee: AGRI
Amendment 536 #
Proposal for a regulation
Article 27 – title
Notification of the intended production and certificationcertification with official label of pre-basic, basic and certified material
2013/12/18
Committee: AGRI
Amendment 546 #
Proposal for a regulation
Article 29 – paragraph 2
2. If a lot is split into more lots, a new official label or operator's label shall be issued for each lot. If several lots are merged into a new lot, a new official label or operator's label shall be issued for that new lot. These requirements shall not apply to local circulation of plant reproductive material.
2013/12/18
Committee: AGRI
Amendment 548 #
Proposal for a regulation
Article 30 – title
Post certification tests for pre-basic, basic and certified material with official label
2013/12/18
Committee: AGRI
Amendment 557 #
Proposal for a regulation
Article 31 – paragraph 1
1. Where the post certification tests show that pre-basic, basic or certified material has not been produced or made available on the market in compliance with the production and quality requirements referred to in Article 16(2), and with the certification schemes referred to in Article 20(2), the competent authorities shall ensure that the professional operator concerned takes the necessary corrective actions. Those actions shall ensure that the material concerned either complies with those requirements or is withdrawn from the market.
2013/12/18
Committee: AGRI
Amendment 558 #
Proposal for a regulation
Article 31 – paragraph 2
2. If it is repeatedly found, during the post certification tests, that a professional operator produces or makes available on the market plant reproductive material which does not comply with the quality requirements referred to in Article 16(2), or with the certification schemes referred to in Article 20, the provisions of Article 26(2) shall apply.
2013/12/18
Committee: AGRI
Amendment 563 #
Proposal for a regulation
Article 32 a (new)
Article 32 a Mixtures Mixtures of varieties and/or genera and species may be made available on the market with the following restrictions: (a) An official label may only be affixed to the mixture if all the ingredients of the mixture have been certified with an official label before. All other mixtures, including those containing genera and species not listed in Annex I shall be made available on the market as standard material. (b) The label of the mixture has to contain an ingredient's list with at least the common name and the weight percentage of each ingredient.
2013/12/18
Committee: AGRI
Amendment 564 #
Proposal for a regulation
Article 33
[ ]deleted
2013/12/18
Committee: AGRI
Amendment 577 #
Proposal for a regulation
Article 33 a (new)
Article 33 a Preservation mixtures 1. Preservation mixtures may only be made available on the market as standard material. 2. In the case it is not possible to make a preservation mixture available on the market as standard material, an indication of the natural environment where the preservation mixture has been harvested shall be provided. This information shall at least include: (a) the date and the place of harvest; and (b) which plant societies are concerned.
2013/12/18
Committee: AGRI
Amendment 608 #
Proposal for a regulation
Article 36 – paragraph 1 – point a
(a) it is made available on the marketproduced in small quantities by persons other than professional operators, or by professional operators employing no more than ten persons and whose annual turnover or balance sheet total does not exceed EUR 2 million;
2013/12/18
Committee: AGRI
Amendment 621 #
Proposal for a regulation
Article 36 – paragraph 1 – point b a (new)
(ba) it complies with the provisions of Title III of this act.
2013/12/18
Committee: AGRI
Amendment 634 #
Proposal for a regulation
Article 36 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts, in accordance with Article 140, setting out, with regard to the production and making available on the market of niche material belonging to particular genera or species, one or more of the following: (a) the maximum size of packages, containers or bundles; (b) requirements concerning traceability, lots and labelling of the niche market material concerned. (c) modalities of making available on the market.
2013/12/18
Committee: AGRI
Amendment 671 #
Proposal for a regulation
Article 40 a (new)
Article 40a Maintenance of a fair national market Member States may adopt emergency measures, by means of national legislation, under the following situations. 1. Measures are needed to ensure proportionality and subsidiarity; 2. Measures are needed to ensure the availability of rare and historical plant reproductive materials on the market; 3. Measures are needed to protect the environment or presence of agricultural biodiversity; 4. Measures are needed to protect indigenous rights and traditional ways of life. Member States shall notify the Commission and the other Member States of each Measure adopted pursuant to this Article.
2013/12/18
Committee: AGRI
Amendment 676 #
Proposal for a regulation
Article 42 a (new)
Article 42 a Local circulation Small producers making available on the market plant reproductive material only on the local market for local circulation shall be excluded from the obligations of this legislation.
2013/12/18
Committee: AGRI
Amendment 677 #
Proposal for a regulation
Article 43
Article 43 Imports on the basis of Union equivalence Plant reproductive material may be imported from third countries only if it is established, pursuant to Article 44, that it fulfils requirements equivalent to those applicable to plant reproductive material produced and made available on the market in the Union.deleted
2013/12/18
Committee: AGRI
Amendment 683 #
Proposal for a regulation
Article 43 a (new)
Article 43a Import conditions Imports to the Union of Plant reproductive material shall not be prohibited or restricted, except in one of the following cases: (a) It is prohibited by an existing trade agreement. (b) Import is explicitly prohibited by another Union act. (c) A demonstrable risk exists from plant disease, invasive species or other phytosanitary risk not already present and established in the Union. (d) A demonstrable risk of consumer fraud exists. (e) Materials are being made available on the market at subsidized prices or at a price so low it constitutes dumping, and the total commercial value exceeds 1 million Euros. (f) The PRM to be imported or its lot do not comply with the quality requirements of this Regulation for the respective species and categories and types of material.
2013/12/18
Committee: AGRI
Amendment 688 #
Proposal for a regulation
Article 46 – paragraph 3
3. Where the export of plant reproductive material to a third country is neither governed by an agreement with a third country nor by the rules of the third country into which that plant reproductive material is to be exported, the requirements for production and making available on the market of plant reproductive material within the Union territory, as set out in Articles 13 to 42, shall apply.deleted
2013/12/18
Committee: AGRI
Amendment 695 #
Proposal for a regulation
Article 47
This Title shall apply to the production and making available on the market of plant reproductive material belonging to genera and species other than the ones listed in Annex I and for provisions of article 14 (3) (heterogeneous material), article 36 (niche markets) and article 57 (registration under officially recognised description).
2013/12/18
Committee: AGRI
Amendment 699 #
Proposal for a regulation
Article 48 – paragraph 1 – point c
(c) in the case of seeds, it shall have satisfactory germination, as appropriate for the genera and species concerned, to allow an appropriate number of plants per area after sowing, and to ensure the maximumsufficient yield and quality of the production;
2013/12/18
Committee: AGRI
Amendment 702 #
Proposal for a regulation
Article 48 – paragraph 2
2. Compliance with the requirements of points (a), (b), (c), (d) and (e) of paragraph 1 shall be assessed in light of the applicable international standard recommendations: (a) the Seed Scheme Rules and Regulations of OECD; (b) the seed potato standards of UNECE; (c) the rules on sampling and testing of the International seed testing association ISTA for the genera or species concerned; (d) and the rules of EPPO.deleted
2013/12/18
Committee: AGRI
Amendment 705 #
Proposal for a regulation
Article 48 – paragraph 3
3. Where no international standard recommendations exist for genera or species concerned, compliance with the requirements of points (a), (b), (c), (d) and (e) of paragraph 1 shall be assessed in the light of, the relevant national standards of the Member State, where the plant reproductive material is for first time made available on the marketdeleted
2013/12/18
Committee: AGRI
Amendment 723 #
Proposal for a regulation
Article 51 – paragraph 2
2. The Commission shall adopt, by means of implementing acts, the format of the national variety registers. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 141(3).deleted
2013/12/18
Committee: AGRI
Amendment 743 #
Proposal for a regulation
Article 53 – paragraph 1 – point f
(f) the official description of the variety, or, where, applicable, the officially recognised description of the variety with an indication of the region(s) where the variety has historically been grown and to which it is naturally adapted (‘region(s) of origin’);
2013/12/18
Committee: AGRI
Amendment 747 #
Proposal for a regulation
Article 53 – paragraph 1 – point k a (new)
(ka) where applicable, the indication that the variety has been bred using non- traditional breeding methods, including an enumeration of all the methods used for obtaining that variety.
2013/12/18
Committee: AGRI
Amendment 767 #
Proposal for a regulation
Article 56 – paragraph 1 – point a
(a) they bear a denomination deemed suitable pursuant to Article 64; and article 78 (3);
2013/12/18
Committee: AGRI
Amendment 782 #
Proposal for a regulation
Article 56 – paragraph 5
5. The Commission shall be empowered to adopt delegated acts, in accordance with Article 140, listing the genera or species with particular importance for the satisfactory development of agriculture in the Union. Those genera or species shall be listed in accordance with the criteria set out in Part A of Annex IV.
2013/12/18
Committee: AGRI
Amendment 787 #
Proposal for a regulation
Article 56 – paragraph 6
6. The Commission shall be empowered to adopt delegated acts, in accordance with Article 140, listing the genera or species with particular importance for the sustainable development of agriculture in the Union. Those genera or species shall be listed in accordance with the criteria set out in Part B of Annex IV.
2013/12/18
Committee: AGRI
Amendment 795 #
Proposal for a regulation
Article 57 – paragraph 1 – point a
(a) in case the variety had been previously not registered in a national variety register or in the Union variety register and plant reproductive material belonging to that variety has been made available on the market before the entry into force of this Regulation;
2013/12/18
Committee: AGRI
Amendment 800 #
Proposal for a regulation
Article 57 – paragraph 1 – point b
(b) in case the variety had been previously registered in any national variety register or in the Union variety register on the basis of a technical examination pursuant to Article 71, but has been deleted from those registers more than five years before the submission of the current application and would not fulfil the requirements laid down in Articles 60, 61 and 62 and, where applicable, Article 58(1) and Article 59(1).
2013/12/18
Committee: AGRI
Amendment 821 #
Proposal for a regulation
Article 57 – paragraph 2 – point a
(a) it is produced in the region(s) of origin;deleted
2013/12/18
Committee: AGRI
Amendment 824 #
Proposal for a regulation
Article 57 – paragraph 2 – point c a (new)
(ca) a description of that variety is known to exist in literature or is accessible as traditional knowledge of local communities within the Union
2013/12/18
Committee: AGRI
Amendment 831 #
Proposal for a regulation
Article 57 – paragraph 3
3. After the registration of a variety in a national variety register pursuant to paragraph 2(a), competent authorities may approve additional region(s) of origin for that variety.deleted
2013/12/18
Committee: AGRI
Amendment 837 #
Proposal for a regulation
Article 57 – paragraph 4 – point b a (new)
(ba) in the case of a newly bred variety, the description delivered by the applicant is examined for correctness according to the respective technical guidance by the competent authority.
2013/12/18
Committee: AGRI
Amendment 845 #
Proposal for a regulation
Article 58 – paragraph 1 a (new)
1a. The design, criteria and conditions of examination shall take into account the targeted use of the variety, in particular as regards climatic and environmental conditions and/or low input or organic farming conditions.
2013/12/18
Committee: AGRI
Amendment 855 #
Proposal for a regulation
Article 60 – paragraph 1
1. For the purposes of the official description, referred to in point (a) of Article 56(2) and (3), a variety shall be deemed to be distinct, if it is clearly distinguishable, by reference to the expression of that least one characteristics that results from a particular genotype or combination of genotypes, from any other variety whose existence is commonly known on the date of the application determined pursuant to Article 70 whereas the variety type and mode of reproduction are recognised as a characteristics of distinctness.
2013/12/18
Committee: AGRI
Amendment 859 #
Proposal for a regulation
Article 60 – paragraph 2 – point c a (new)
(ca) a description of that variety is known to exist in literature or is accessible as traditional knowledge of local communities within the Union.
2013/12/18
Committee: AGRI
Amendment 862 #
Proposal for a regulation
Article 61 – paragraph 1 a (new)
1a. The respective examination designs shall take into account that reference varieties must be equal to the tested variety regarding the particular features of its variety type and mode of reproduction.
2013/12/18
Committee: AGRI
Amendment 864 #
Proposal for a regulation
Article 62
For the purposes of the official description referred to in point (a) of Article 56(2) and (3), a variety shall be deemed to be stable if the expression of those characteristics which are included in the examination for distinctness, as well as any other characteristics used for the variety description, remains in principle unchanged after repeated reproduction or, in the case of cycles of reproduction, at the end of each such cycle. Variations that can be attributed to the particular features of its variety type, mode of reproduction or changed environmental conditions are to be accepted.
2013/12/18
Committee: AGRI
Amendment 875 #
Proposal for a regulation
Article 64 – paragraph 1 – point b
(b) it may commonly cause its users difficulties as regards recognition or reproduction;deleted
2013/12/18
Committee: AGRI
Amendment 878 #
Proposal for a regulation
Article 64 – paragraph 1 – point c
(c) it is identical to, or may be confused with, a variety denomination 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 under which material of another variety has been made available on the market in a Member State or in a Member of the International Union for the Protection of New Varieties of Plants, unless that other variety no longer remains in existence and its denomination has acquired no special significance; or the name of that variety is known to exist in literature or is accessible as traditional knowledge of local communities within the Union;
2013/12/18
Committee: AGRI
Amendment 882 #
Proposal for a regulation
Article 64 – paragraph 1 – point e
(e) it is liable to give offence in one of the Member States or is contrary to public order;
2013/12/18
Committee: AGRI
Amendment 890 #
Proposal for a regulation
Article 64 – paragraph 4
4. The Commission shall be empowered to adopt delegated acts, in accordance with Article 140, setting out specific rules concerning the suitability of variety denominations. Those rules may concern: (a) their relation to denominations of trade marks; (b) their relation to geographical indications or designations of origin for agricultural products; (c) written consents of holders of prior rights to remove impediments to the suitability of a denomination; (d) specific criteria to determine whether a denomination is misleading or confusing as referred to in paragraph 1(f); and (e) the use of a denomination in the form of a code.
2013/12/18
Committee: AGRI
Amendment 895 #
Proposal for a regulation
Article 65
[...]deleted
2013/12/18
Committee: AGRI
Amendment 907 #
Proposal for a regulation
Article 67 – paragraph 1 – point k a (new)
(ka) where applicable, the indication that the variety has been breed using non- traditional breeding methods, including an enumeration of all the methods used for obtaining that variety;
2013/12/18
Committee: AGRI
Amendment 922 #
Proposal for a regulation
Article 69 – paragraph 1 – point a
(a) the content requirements laid down in Article 67; and
2013/12/18
Committee: AGRI
Amendment 925 #
Proposal for a regulation
Article 69 – paragraph 1 – point b
(b) the format adopted pursuant to Article 68.deleted
2013/12/18
Committee: AGRI
Amendment 927 #
Proposal for a regulation
Article 69 – paragraph 2
2. If the application does not comply with the requirements laid down in Article 67 or the format adopted pursuant to Article 68, the competent authority shall give the applicant the possibility to make its application compliant within a given time.
2013/12/18
Committee: AGRI
Amendment 930 #
Proposal for a regulation
Article 70
The date of application for registration shall be the date on which an application complying with the content requirements laid down in Article 67 and the format adopted pursuant to Article 68 was submitted to the competent authority.
2013/12/18
Committee: AGRI
Amendment 931 #
Proposal for a regulation
Article 71 – paragraph 1
1. Where, as a result of the formal examination, the application is found to comply with the content requirements referred to in Article 67 and the format adopted pursuant to Article 68, a technical examination of the variety shall be carried out for the purpose of establishing an official description.
2013/12/18
Committee: AGRI
Amendment 986 #
Proposal for a regulation
Article 78 – paragraph 2 a (new)
2a. The competent authority shall collect any complaint that a denomination has been misused. When a complaint has been formulated, the competent authority shall assess if the denomination has been misused and the reasons that have oriented the choice of the registrant to misuse the denomination. Where the assessment reveals that the applicant involuntary misused an existing denomination, the competent authority shall make this denomination unique and distinguishable from the misused one by changing or amending it. The applicant may suggest proposals for the changed or amended denomination; Where the assessment reveals that the applicant could not have been unaware that he misused an existing denomination, the competent authority shall adopt a decision refusing registration as set out in article 79(2).
2013/12/18
Committee: AGRI
Amendment 996 #
Proposal for a regulation
Article 83 – paragraph 1
1. The registration of a variety in a national variety register may be renewed for further periods of 310 years, in accordance with the procedure and the conditions laid down in Article 84.
2013/12/18
Committee: AGRI
Amendment 997 #
Proposal for a regulation
Article 84 – paragraph 3 – introductory part
3. The renewal of the registration of a variety in a national variety register shall only be granted if the following conditions are met:variety continues complying with the requirements of Article 56, and, where applicable of Article 57;
2013/12/18
Committee: AGRI
Amendment 998 #
Proposal for a regulation
Article 84 – paragraph 3 – point a
(a) the variety continues complying with the requirements of Article 56, and, where applicable of Article 57;deleted
2013/12/18
Committee: AGRI
Amendment 1000 #
Proposal for a regulation
Article 84 – paragraph 3 – point b
(b) the competent authority determines that a person is responsible for maintaining the variety in accordance with the provisions of Article 86.deleted
2013/12/18
Committee: AGRI
Amendment 1002 #
Proposal for a regulation
Article 84 – paragraph 4
4. The competent authority may renew the registration of a variety in a national variety register, without an application for renewal being submitted pursuant to paragraphs 1 and 2, where it considers that the renewal of that registration serves sustainable agricultural production and the preservation of genetic diversity, and that the conditions of paragraph 3 are fulfilled.
2013/12/18
Committee: AGRI
Amendment 1011 #
Proposal for a regulation
Article 86
[...]deleted
2013/12/18
Committee: AGRI
Amendment 1027 #
Proposal for a regulation
Article 88 – paragraph 1
1. In the case of varieties provided with an officially recognised description, no fees shall be charged for the actions referred to in point (e) of Article 87(1).
2013/12/18
Committee: AGRI
Amendment 1029 #
Proposal for a regulation
Article 88 – paragraph 2
2. In the case of varieties provided with an officially recognised description, the competent authorities shall reduce the amount of the fee for the actions referred to in of points (a), (c), (d), and (f) of Article 87(1). That reduction shall take place in a manner to ensure that the fee does not constitute a barrier to the registration of the variety concerned.deleted
2013/12/18
Committee: AGRI
Amendment 1032 #
Proposal for a regulation
Article 89 – paragraph 1
1. Fees provided for in Article 87 and 88 shall not directly or indirectly be refunded, unless unduly collected.
2013/12/18
Committee: AGRI
Amendment 1040 #
Proposal for a regulation
Article 89 – paragraph 2
2. Applicants employing fewer than 10 persons and whose annual turnover or annual balance sheet total does not exceed EUR 2 million shall be exempted from the payment of the fees provided for in Article 87 and Article 88.
2013/12/18
Committee: AGRI
Amendment 1044 #
Proposal for a regulation
Article 89 – paragraph 3
3. The costs referred to in Articles 87 and 88 shall not include those incurred for the performance of official controls on the applicants referred to in paragraph 2.deleted
2013/12/18
Committee: AGRI
Amendment 1069 #
Proposal for a regulation
Article 96 – paragraph 1
1. Varieties and clones registered in the Union variety register shall be maintained by the applicant, or by any other person acting in mutual agreement with the applicant. The other person shall be notified to the Agency.deleted
2013/12/18
Committee: AGRI
Amendment 1092 #
Proposal for a regulation
Article 103 – paragraph 4
4. The competent authority shall take appropriate measures to, on request, make available the information contained in the files of the national variety register to any person requesting access to this information. This provision shall not apply whereas long as the information must be treated as confidential pursuant to Article 75.
2013/12/18
Committee: AGRI
Amendment 1397 #
Proposal for a regulation
Annex II – heading
REQUIREMENTS FOR PRE-BASIC, BASIC, AND CERTIFIED AND STANDARD MATERIAL, AND ELEMENTS FOR THE ADOPTION OF THOSE REQUIREMENTS
2013/12/18
Committee: AGRI
Amendment 1405 #
Proposal for a regulation
Annex II – Part D – point c
(c) the specific uses of the genera, species, or types of plant reproductive material concerned;deleted
2013/12/18
Committee: AGRI
Amendment 1421 #
Proposal for a regulation
Annex III – Part A – point l
(l) the indication, where appropriate, that the plant reproductive material belongs to a variety with officially recognised description only, and indication of the region of origin of that variety;deleted
2013/12/18
Committee: AGRI
Amendment 1435 #
Proposal for a regulation
Annex IV – Part A – point b
(b) they are of vital importance for food processing, feed processing or industrial processing;deleted
2013/12/18
Committee: AGRI
Amendment 1437 #
Proposal for a regulation
Annex IV – Part A – point c
(c) they are of vital importance for resilience and low-input agriculture, including organic agricultural production.deleted
2013/12/18
Committee: AGRI
Amendment 1438 #
Proposal for a regulation
Annex IV – Part A – point c a (new)
(ca) they are of vital importance for food processing, feed processing or industrial Processing. The number of species selected according to the above criteria must not exceed 10;
2013/12/18
Committee: AGRI