BETA

211 Amendments of Martin HÄUSLING 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 196 #
Proposal for a regulation
Article 2 – paragraph 1 – point d
(d) exchanged in kind between persons other than professional operators.
2013/12/18
Committee: AGRI
Amendment 203 #
Proposal for a regulation
Article 2 – paragraph 1 – point d g (new)
(dg) produced by farmers on their own farm, on their own behalf and on their own account.
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 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 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 377 #
Proposal for a regulation
Article 12 – paragraph 1 – introductory part
1. Plant reproductive material may only be produced andOperators may take the decision to make available on the market plant reproductive material as standard material or as material undergoing certification. In the case of material undergoing certification, plant reproductive material shall be made available on the market, under one of the following categories:
2013/12/18
Committee: AGRI
Amendment 379 #
Proposal for a regulation
Article 12 – paragraph 1 – point d
(d) standard material.deleted
2013/12/18
Committee: AGRI
Amendment 384 #
Proposal for a regulation
Article 12 – paragraph 2
2. Plant reproductive material may not be produced and made available on the market as standard material, if it belongs to genera or species for which the costs and certification activities necessary to produce and make available on the market plant reproductive material as pre- basic, basic and certified material are proportionate: (a) to the purpose of ensuring food and feed security; and (b) to the higher level of identity, health and quality of the plant reproductive material which result from the fulfilment of the requirements for pre-basic, basic and certified material compared to those for standard material.deleted
2013/12/18
Committee: AGRI
Amendment 395 #
Proposal for a regulation
Article 12 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts, in accordance with Article 140, listing the genera or species whose plant reproductive material may not be placed on the market as standard material, as referred to in paragraph 2.
2013/12/18
Committee: AGRI
Amendment 401 #
Proposal for a regulation
Article 12 – paragraph 4
4. By way of derogation to paragraph 2 and 3, plant reproductive material shall only be produced and made available on the market as standard material if one or more of the following cases apply: (a) it belongs to a variety provided with an officially recognised description; (b) it is heterogeneous material in the meaning of Article 14(3); (c) it is niche market material in the meaning of Article 36(1).deleted
2013/12/18
Committee: AGRI
Amendment 413 #
Proposal for a regulation
Article 13 – paragraph 1 – point a
(a) the registration requirements set out in Section 2, with the exception of standard material;
2013/12/18
Committee: AGRI
Amendment 423 #
Proposal for a regulation
Article 13 – paragraph 2
2. Paragraph 1 (a) and 1(b) shall not apply to production 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 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 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 493 #
Proposal for a regulation
Article 19 – paragraph 1
1. Pre-basic, basic or certified material shallmay be certified and identified through an official label (‘official label’).
2013/12/18
Committee: AGRI
Amendment 497 #
Proposal for a regulation
Article 19 – paragraph 5 a (new)
5a. This article shall under no circumstances prevent the use of national or private labels and certification schemes.
2013/12/18
Committee: AGRI
Amendment 503 #
Proposal for a regulation
Article 21 – paragraph 1
1. The official label and the operator's label shall contain the information set out in Part A of Annex III.
2013/12/18
Committee: AGRI
Amendment 510 #
Proposal for a regulation
Article 21 – paragraph 5 – introductory part
5. The Commission shall be empowered to adopt delegated acts, in accordance with Article 140, setting out requirements, further to the requirements referred to in paragraphs 1 and 2, for official labels and operators' labels. Those requirements shall concern one or more of the following elements:
2013/12/18
Committee: AGRI
Amendment 514 #
Proposal for a regulation
Article 21 – paragraph 7
7. The Commission shall, by means of implementing acts, adopt the format(s) of the official label and operator's label. Those formats may be adopted per genera or species. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 141(3).
2013/12/18
Committee: AGRI
Amendment 541 #
Proposal for a regulation
Article 28
Operators' labels shall be produced and affixed by the professional operator after verifying through its own inspections, sampling and testing, that the plant reproductive material complieis wfith the production and quality requirements as referred to in Article 16 for purpose and the properties of the plant reproductive material comply with the indications on the label.
2013/12/18
Committee: AGRI
Amendment 544 #
Proposal for a regulation
Article 29 – paragraph 1
1. The official label and the operator's label shall be produced with reference to a lot. The operators' label shall be produced with reference to a lot only if the lot concerned is bigger than what is typically required to cultivate one hectare. They shall be affixed, where applicablenecessary, to individual plants or on the outside of packages, containers and bundles.
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 595 #
Proposal for a regulation
Article 36 – paragraph 1 – point a
(a) it is made available on the market in small quantitiess first placed on the market 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;using in a seasonal year an area for producing plant reproductive material not larger than the area defined in Art.8 (2) of Reg. 1765/92 EC in its last day of validity, and not smaller than 5 ha.
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 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 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 706 #
Proposal for a regulation
Article 49 – paragraph 5 a (new)
5a. Where the plant reproductive material concerned is not more than what is typically required to cultivate one hectare, the plant reproductive material is exempted from labelling requirements provided in this Article.
2013/12/18
Committee: AGRI
Amendment 708 #
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 748 #
Proposal for a regulation
Article 53 – paragraph 1 – point k b (new)
(k b) The genealogical components of the variety
2013/12/18
Committee: AGRI
Amendment 753 #
Proposal for a regulation
Article 54
[…]deleted
2013/12/18
Committee: AGRI
Amendment 762 #
Proposal for a regulation
Article 54 – point f
(f) where applicable, the indication that the variety to which the clone belongs has been registered with an officially recognised description, including the region of origin of that variety;
2013/12/18
Committee: AGRI
Amendment 766 #
Proposal for a regulation
Article 56 – paragraph 1 – introductory part
1. VAn operator may decide to apply for an official or an officially recognised description with respect to this act. If so, varieties may be registered in a national variety register pursuant to Chapter IV, or in the Union variety register pursuant to Chapter V, only if they fulfil the following requirements:
2013/12/18
Committee: AGRI
Amendment 768 #
Proposal for a regulation
Article 56 – paragraph 2 – introductory part
2. In order to be registered in a national variety register pursuant to Chapter IV, varieties shallmay fulfil, in addition to the requirements set out in paragraph 1, the following requirements:
2013/12/18
Committee: AGRI
Amendment 770 #
Proposal for a regulation
Article 56 – paragraph 2 – point b
(b) in case they belong to genera or species with particular importance for the satisfactory development of agriculture in the Union, as referred to in paragraph 5, they havemay be tested for a satisfactory value for cultivation and/or use pursuant to Article 58;
2013/12/18
Committee: AGRI
Amendment 779 #
Proposal for a regulation
Article 56 – paragraph 4 – point c
(c) in case they belong to genera or species with particular importance for the sustainable development of agriculture in the Union, as referred to in paragraph 6, they havemay be tested for a sustainable value for cultivation and/or use pursuant to Article 59;
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 861 #
Proposal for a regulation
Article 61
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 uniform if, subject to the variation that may be expected from the particular features of its reproduction and type, it is sufficiently uniform in the expression of those characteristics which are included innecessary to pass the examination for distinctness, as well as in the expression of any other characteristics used for its official description.
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 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 914 #
Proposal for a regulation
Article 67 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts, in accordance with Article 140, setting out additional items to be included in the application for particular genera or species, in relation with the particular features of the varieties belonging to those genera or species.
2013/12/18
Committee: AGRI
Amendment 933 #
Proposal for a regulation
Article 71 – paragraph 1
1. The description is adapted to the variety type and mode of reproduction. 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. The modes of technical examination and of establishing an official description shall take into account the variety type and mode of reproduction.
2013/12/18
Committee: AGRI
Amendment 940 #
Proposal for a regulation
Article 71 – paragraph 3 – subparagraph 2 a (new)
On request submitted by the applicant to the competent authority, the technical examination shall be carried out under specific climatic conditions in the Member State the competent authority is responsible for.
2013/12/18
Committee: AGRI
Amendment 942 #
Proposal for a regulation
Article 71 – paragraph 5
5. By way of derogation from paragraph 4, the competent authority may decide that the technical examination referred to in paragraph 1 is necessary in the case of a variety the registration of which is requested pursuant to point (b) Article 57(1).deleted
2013/12/18
Committee: AGRI
Amendment 951 #
Proposal for a regulation
Article 73
[...]deleted
2013/12/18
Committee: AGRI
Amendment 971 #
2013/12/18
Committee: AGRI
Amendment 974 #
Proposal for a regulation
Article 75 – paragraph 1
1. Where, in the framework of the technical examination referred to in Article 71(1), an examination of the genealogical components is necessary, the results of that examination and the description of the genealogical components shall be treated as confidential, if the applicant so requests. The genealogical composition of the variety shall only be kept confidential until the variety is registered in the Union variety register or a national variety register.
2013/12/18
Committee: AGRI
Amendment 975 #
Proposal for a regulation
Article 75 – paragraph 2
2. In the case of varieties of plant reproductive material intended exclusively for the production of agricultural raw materials for industrial purposes, and if so requested by the applicant, the results of the technical examination referred to in Article 71(1) and the intended uses of those varieties shall be treated as confidential. The result of the technical examination and the intended uses shall only be kept confidential until the variety is registered in the union variety register or a national variety register
2013/12/18
Committee: AGRI
Amendment 984 #
Proposal for a regulation
Article 77 – paragraph 2 a (new)
2a. The competent authority shall collect any complaint that a denomination has been misused. Once a complaint has been received, the competent authority shall assess if the denomination has been misused and the reasons that have oriented the choice of the applicant to misuse the denomination. Where the assessment reveals that the applicant involuntarily 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 deleting registration according to Article 85 (1) (a) or (g).
2013/12/18
Committee: AGRI
Amendment 1007 #
Proposal for a regulation
Article 85 – paragraph 2 – subparagraph 1
On request by the applicant or a third party, the competent authority may allow a variety deleted or expired from the national variety register in accordance to paragraph 1(b), 1(c), 1(d), 1(e), 1(f) or 1(h) to continue to be made available on the market until 30 June of the third year following the deletion from the register.
2013/12/18
Committee: AGRI
Amendment 1008 #
Proposal for a regulation
Article 85 – paragraph 2 – subparagraph 2
That request shall be submitted no later than the date of the expiration of the registration period.deleted
2013/12/18
Committee: AGRI
Amendment 1010 #
Proposal for a regulation
Article 85 – paragraph 3
3. After a variety is deleted from the national variety register, the competent authority shall submit a sample of that variety, and its description, and in the case of a hybrid including its parent lines, to a gene bank dedicated to the conservation of genetic resources.
2013/12/18
Committee: AGRI
Amendment 1012 #
Proposal for a regulation
Article 86 – paragraph 1 a (new)
1a. Any other person may notify the competent authority with reference to a registered variety that that person is acting as an additional maintainer.
2013/12/18
Committee: AGRI
Amendment 1022 #
Proposal for a regulation
Article 87 – paragraph 1 – point f
(f) controls on the maintenance as referred to in Article 86(5).deleted
2013/12/18
Committee: AGRI
Amendment 1041 #
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 millionbeing microenterprises as defined in Commission Recommendation 2003/361/EC shall be exempted from the payment of the fees provided for in Article 87 and Article 88.
2013/12/18
Committee: AGRI
Amendment 1091 #
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 access has to be granted free of charge and by electronic means. 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 1095 #
Proposal for a regulation
Article 104 – paragraph 4
4. The Agency shall take appropriate measures to make available, on request, the information contained in the files of the Union variety register to any person requesting access to that information. This access has to be granted free of charge and by electronic means. This provision shall not apply whereas long as the information must be treated as confidential under Article 75.
2013/12/18
Committee: AGRI
Amendment 1163 #
Proposal for a regulation
Annex I – item 7
Agrostis canina L.deleted
2013/12/18
Committee: AGRI
Amendment 1164 #
Proposal for a regulation
Annex I – item 8
Agrostis capillaris L.deleted
2013/12/18
Committee: AGRI
Amendment 1165 #
Proposal for a regulation
Annex I – item 9
Agrostis gigantea Roth.deleted
2013/12/18
Committee: AGRI
Amendment 1166 #
Proposal for a regulation
Annex I – item 10
Agrostis stolonifera L.deleted
2013/12/18
Committee: AGRI
Amendment 1167 #
Proposal for a regulation
Annex I – item 11
Allium cepa L.deleted
2013/12/18
Committee: AGRI
Amendment 1168 #
Proposal for a regulation
Annex I – item 12
Allium fistulosum L.deleted
2013/12/18
Committee: AGRI
Amendment 1169 #
Proposal for a regulation
Annex I – item 13
Allium porrum L.deleted
2013/12/18
Committee: AGRI
Amendment 1170 #
Proposal for a regulation
Annex I – item 14
Allium sativum L.deleted
2013/12/18
Committee: AGRI
Amendment 1171 #
Proposal for a regulation
Annex I – item 15
Allium schoenoprasum L.deleted
2013/12/18
Committee: AGRI
Amendment 1178 #
Proposal for a regulation
Annex I – item 19
Anthriscus cerefolium (L.) Hoffm.deleted
2013/12/18
Committee: AGRI
Amendment 1179 #
Proposal for a regulation
Annex I – item 20
Apium graveolens L.deleted
2013/12/18
Committee: AGRI
Amendment 1180 #
Proposal for a regulation
Annex I – item 21
Arachis hypogaea L.deleted
2013/12/18
Committee: AGRI
Amendment 1181 #
Proposal for a regulation
Annex I – item 23
Asparagus officinalis L.deleted
2013/12/18
Committee: AGRI
Amendment 1182 #
Proposal for a regulation
Annex I – item 26
Avena strigosa Schreb.deleted
2013/12/18
Committee: AGRI
Amendment 1183 #
Proposal for a regulation
Annex I – item 27
Beta vulgaris L. except for vegetable use
2013/12/18
Committee: AGRI
Amendment 1190 #
Proposal for a regulation
Annex I – item 30
Brassica juncea (L.) Czern.deleted
2013/12/18
Committee: AGRI
Amendment 1191 #
Proposal for a regulation
Annex I – item 31
Brassica napus L. except for vegetable use
2013/12/18
Committee: AGRI
Amendment 1192 #
Proposal for a regulation
Annex I – item 33
Brassica oleracea L.deleted
2013/12/18
Committee: AGRI
Amendment 1193 #
Proposal for a regulation
Annex I – item 34
Brassica rapa L. except for vegetable use
2013/12/18
Committee: AGRI
Amendment 1194 #
Proposal for a regulation
Annex I – item 35
Bromus catharticus Vahldeleted
2013/12/18
Committee: AGRI
Amendment 1195 #
Proposal for a regulation
Annex I – item 36
Bromus sitchensis Trin.deleted
2013/12/18
Committee: AGRI
Amendment 1196 #
Proposal for a regulation
Annex I – item 37
Cannabis sativa L.deleted
2013/12/18
Committee: AGRI
Amendment 1197 #
Proposal for a regulation
Annex I – item 38
Capsicum annuum L.deleted
2013/12/18
Committee: AGRI
Amendment 1201 #
Proposal for a regulation
Annex I – item 40
Carthamus tinctorius L.deleted
2013/12/18
Committee: AGRI
Amendment 1203 #
Proposal for a regulation
Annex I – item 42
Castanea sativa Mill.deleted
2013/12/18
Committee: AGRI
Amendment 1204 #
Proposal for a regulation
Annex I – item 43
Castanea Mill. (rootstocks)deleted
2013/12/18
Committee: AGRI
Amendment 1210 #
Proposal for a regulation
Annex I – item 46
Cichorium endivia L.deleted
2013/12/18
Committee: AGRI
Amendment 1211 #
Proposal for a regulation
Annex I – item 47
Cichorium intybus L.deleted
2013/12/18
Committee: AGRI
Amendment 1212 #
Proposal for a regulation
Annex I – item 48
Citrullus lanatus (Thunb.) Matsum. & Nakaideleted
2013/12/18
Committee: AGRI
Amendment 1213 #
Proposal for a regulation
Annex I – item 49
Citrus L.deleted
2013/12/18
Committee: AGRI
Amendment 1214 #
Proposal for a regulation
Annex I – item 50
Corylus avellana L.deleted
2013/12/18
Committee: AGRI
Amendment 1215 #
Proposal for a regulation
Annex I – item 51
Corylus L. (rootstocks)deleted
2013/12/18
Committee: AGRI
Amendment 1216 #
Proposal for a regulation
Annex I – item 52
Cucumis melo L.deleted
2013/12/18
Committee: AGRI
Amendment 1217 #
Proposal for a regulation
Annex I – item 53
Cucumis sativus L.deleted
2013/12/18
Committee: AGRI
Amendment 1218 #
Proposal for a regulation
Annex I – item 54
Cucurbita maxima Duchesnedeleted
2013/12/18
Committee: AGRI
Amendment 1219 #
Proposal for a regulation
Annex I – item 55
Cucurbita pepo L.deleted
2013/12/18
Committee: AGRI
Amendment 1220 #
Proposal for a regulation
Annex I – item 56
Cydonia oblonga Mill.deleted
2013/12/18
Committee: AGRI
Amendment 1221 #
Proposal for a regulation
Annex I – item 57
Cynara cardunculus L.deleted
2013/12/18
Committee: AGRI
Amendment 1222 #
Proposal for a regulation
Annex I – item 58
Cynodon dactylon (L.) Pers.deleted
2013/12/18
Committee: AGRI
Amendment 1223 #
Proposal for a regulation
Annex I – item 60
Daucus carota L.deleted
2013/12/18
Committee: AGRI
Amendment 1227 #
Proposal for a regulation
Annex I – item 62
Festuca arundinacea Schreb.deleted
2013/12/18
Committee: AGRI
Amendment 1228 #
Proposal for a regulation
Annex I – item 63
Festuca filiformis Pourr.deleted
2013/12/18
Committee: AGRI
Amendment 1229 #
Proposal for a regulation
Annex I – item 64
Festuca ovina L.deleted
2013/12/18
Committee: AGRI
Amendment 1230 #
Proposal for a regulation
Annex I – item 66
Festuca rubra L.deleted
2013/12/18
Committee: AGRI
Amendment 1231 #
Proposal for a regulation
Annex I – item 67
Festuca trachyphylla (Hack.) Krajinadeleted
2013/12/18
Committee: AGRI
Amendment 1232 #
Proposal for a regulation
Annex I – item 69
Ficus carica L.deleted
2013/12/18
Committee: AGRI
Amendment 1233 #
Proposal for a regulation
Annex I – item 71
Fortunella Swingledeleted
2013/12/18
Committee: AGRI
Amendment 1234 #
Proposal for a regulation
Annex I – item 72
Fragaria L.deleted
2013/12/18
Committee: AGRI
Amendment 1241 #
Proposal for a regulation
Annex I – item 75
Galega orientalis Lam.deleted
2013/12/18
Committee: AGRI
Amendment 1242 #
Proposal for a regulation
Annex I – item 77
Gossypium L.deleted
2013/12/18
Committee: AGRI
Amendment 1243 #
Proposal for a regulation
Annex I – item 78
Hedysarum coronarium L.deleted
2013/12/18
Committee: AGRI
Amendment 1244 #
Proposal for a regulation
Annex I – item 81
Juglans regia L.deleted
2013/12/18
Committee: AGRI
Amendment 1245 #
Proposal for a regulation
Annex I – item 82
Juglans L. (rootstocks)deleted
2013/12/18
Committee: AGRI
Amendment 1246 #
Proposal for a regulation
Annex I – item 83
Lactuca sativa L.deleted
2013/12/18
Committee: AGRI
Amendment 1257 #
Proposal for a regulation
Annex I – item 89
Lolium × boucheanum Kunthdeleted
2013/12/18
Committee: AGRI
Amendment 1258 #
Proposal for a regulation
Annex I – item 90
Lolium multiflorum Lam.deleted
2013/12/18
Committee: AGRI
Amendment 1259 #
Proposal for a regulation
Annex I – item 93
Lupinus albus L.deleted
2013/12/18
Committee: AGRI
Amendment 1260 #
Proposal for a regulation
Annex I – item 94
Lupinus angustifolius L.deleted
2013/12/18
Committee: AGRI
Amendment 1261 #
Proposal for a regulation
Annex I – item 95
Lupinus luteus L.deleted
2013/12/18
Committee: AGRI
Amendment 1262 #
Proposal for a regulation
Annex I – item 96
Malus domestica Borkh.deleted
2013/12/18
Committee: AGRI
Amendment 1263 #
Proposal for a regulation
Annex I – item 97
Malus Mill. (rootstocks)deleted
2013/12/18
Committee: AGRI
Amendment 1264 #
Proposal for a regulation
Annex I – item 98
Medicago lupulina L.deleted
2013/12/18
Committee: AGRI
Amendment 1265 #
Proposal for a regulation
Annex I – item 100
Medicago × varia T. Martyndeleted
2013/12/18
Committee: AGRI
Amendment 1266 #
Proposal for a regulation
Annex I – item 101
Olea europaea L.deleted
2013/12/18
Committee: AGRI
Amendment 1267 #
Proposal for a regulation
Annex I – item 102
Onobrychis viciifolia Scop.deleted
2013/12/18
Committee: AGRI
Amendment 1268 #
Proposal for a regulation
Annex I – item 103
Oryza sativa L.deleted
2013/12/18
Committee: AGRI
Amendment 1269 #
Proposal for a regulation
Annex I – item 104
Papaver somniferum L.deleted
2013/12/18
Committee: AGRI
Amendment 1270 #
Proposal for a regulation
Annex I – item 105
Petroselinum crispum (Mill.) Nyman ex A. W. Hilldeleted
2013/12/18
Committee: AGRI
Amendment 1271 #
Proposal for a regulation
Annex I – item 107
Phalaris aquatica L.deleted
2013/12/18
Committee: AGRI
Amendment 1272 #
Proposal for a regulation
Annex I – item 108
Phalaris canariensis L.deleted
2013/12/18
Committee: AGRI
Amendment 1273 #
Proposal for a regulation
Annex I – item 109
Phaseolus coccineus L.deleted
2013/12/18
Committee: AGRI
Amendment 1274 #
Proposal for a regulation
Annex I – item 110
Phaseolus vulgaris L.deleted
2013/12/18
Committee: AGRI
Amendment 1275 #
Proposal for a regulation
Annex I – item 111
Phleum nodosum L. (formerly Phleum bertolonii DC.)deleted
2013/12/18
Committee: AGRI
Amendment 1315 #
Proposal for a regulation
Annex I – item 126
Pistacia vera L.deleted
2013/12/18
Committee: AGRI
Amendment 1316 #
Proposal for a regulation
Annex I – item 127
Pistacia L. (rootstocks)deleted
2013/12/18
Committee: AGRI
Amendment 1317 #
Proposal for a regulation
Annex I – item 128
Pisum sativum L. except for vegetable use
2013/12/18
Committee: AGRI
Amendment 1318 #
Proposal for a regulation
Annex I – item 129
Poa annua L.deleted
2013/12/18
Committee: AGRI
Amendment 1319 #
Proposal for a regulation
Annex I – item 130
Poa nemoralis L.deleted
2013/12/18
Committee: AGRI
Amendment 1320 #
Proposal for a regulation
Annex I – item 131
Poa palustris L.deleted
2013/12/18
Committee: AGRI
Amendment 1321 #
Proposal for a regulation
Annex I – item 134
Poncirus Raf.deleted
2013/12/18
Committee: AGRI
Amendment 1325 #
Proposal for a regulation
Annex I – item 136
Prunus amygdalus Batschdeleted
2013/12/18
Committee: AGRI
Amendment 1326 #
Proposal for a regulation
Annex I – item 137
Prunus armeniaca L.deleted
2013/12/18
Committee: AGRI
Amendment 1328 #
Proposal for a regulation
Annex I – item 138
Prunus avium (L.) L.deleted
2013/12/18
Committee: AGRI
Amendment 1329 #
Proposal for a regulation
Annex I – item 139
Prunus cerasus L.deleted
2013/12/18
Committee: AGRI
Amendment 1330 #
Proposal for a regulation
Annex I – item 140
Prunus domestica L.deleted
2013/12/18
Committee: AGRI
Amendment 1331 #
Proposal for a regulation
Annex I – item 141
Prunus persica (L.) Batschdeleted
2013/12/18
Committee: AGRI
Amendment 1332 #
Proposal for a regulation
Annex I – item 142
Prunus salicina Lindleydeleted
2013/12/18
Committee: AGRI
Amendment 1333 #
Proposal for a regulation
Annex I – item 143
Prunus L. (rootstocks)deleted
2013/12/18
Committee: AGRI
Amendment 1337 #
Proposal for a regulation
Annex I – item 145
Pyrus communis L.deleted
2013/12/18
Committee: AGRI
Amendment 1338 #
Proposal for a regulation
Annex I – item 146
Pyrus L. (rootstocks)deleted
2013/12/18
Committee: AGRI
Amendment 1360 #
Proposal for a regulation
Annex I – item 154
Raphanus sativus L. except for vegetable use
2013/12/18
Committee: AGRI
Amendment 1361 #
Proposal for a regulation
Annex I – item 155
Rheum rhabarbarum L.deleted
2013/12/18
Committee: AGRI
Amendment 1362 #
Proposal for a regulation
Annex I – item 156
Ribes L.deleted
2013/12/18
Committee: AGRI
Amendment 1366 #
Proposal for a regulation
Annex I – item 158
Rubus L.deleted
2013/12/18
Committee: AGRI
Amendment 1367 #
Proposal for a regulation
Annex I – item 159
Scorzonera hispanica L.deleted
2013/12/18
Committee: AGRI
Amendment 1368 #
Proposal for a regulation
Annex I – item 161
Sicyos angulatus L. (rootstocks)deleted
2013/12/18
Committee: AGRI
Amendment 1369 #
Proposal for a regulation
Annex I – item 163
Solanum lycopersicum Lam. (formerly Lycopersicon esculentum Mill.)deleted
2013/12/18
Committee: AGRI
Amendment 1370 #
Proposal for a regulation
Annex I – item 164
Solanum lycopersicum Lam.x Solanum spp. (rootstocks)deleted
2013/12/18
Committee: AGRI
Amendment 1371 #
Proposal for a regulation
Annex I – item 165
Solanum melongena L.deleted
2013/12/18
Committee: AGRI
Amendment 1372 #
Proposal for a regulation
Annex I – item 167
Sorghum bicolor (L.) Moenchdeleted
2013/12/18
Committee: AGRI
Amendment 1373 #
Proposal for a regulation
Annex I – item 168
Sorghum bicolor (L.) Moench × Sorghum sudanense (Piper) Stapf.deleted
2013/12/18
Committee: AGRI
Amendment 1374 #
Proposal for a regulation
Annex I – item 169
Sorghum sudanense (Piper) Stapfdeleted
2013/12/18
Committee: AGRI
Amendment 1375 #
Proposal for a regulation
Annex I – item 170
Spinacia oleracea L.deleted
2013/12/18
Committee: AGRI
Amendment 1382 #
Proposal for a regulation
Annex I – item 173
Trifolium alexandrinum L.deleted
2013/12/18
Committee: AGRI
Amendment 1383 #
Proposal for a regulation
Annex I – item 174
Trifolium hybridum L.deleted
2013/12/18
Committee: AGRI
Amendment 1384 #
Proposal for a regulation
Annex I – item 175
Trifolium incarnatum L.deleted
2013/12/18
Committee: AGRI
Amendment 1385 #
Proposal for a regulation
Annex I – item 178
Trifolium resupinatum L.deleted
2013/12/18
Committee: AGRI
Amendment 1386 #
Proposal for a regulation
Annex I – item 180
Trisetum flavescens (L.) P. Beauv.deleted
2013/12/18
Committee: AGRI
Amendment 1387 #
Proposal for a regulation
Annex I – item 185
Vaccinium L.deleted
2013/12/18
Committee: AGRI
Amendment 1388 #
Proposal for a regulation
Annex I – item 186
Valerianella locusta (L.) Laterr.deleted
2013/12/18
Committee: AGRI
Amendment 1389 #
Proposal for a regulation
Annex I – item 187
Vicia faba L. except for vegetable use
2013/12/18
Committee: AGRI
Amendment 1390 #
Proposal for a regulation
Annex I – item 188
Vicia pannonica Crantzdeleted
2013/12/18
Committee: AGRI
Amendment 1391 #
Proposal for a regulation
Annex I – item 189
Vicia sativa L.deleted
2013/12/18
Committee: AGRI
Amendment 1392 #
Proposal for a regulation
Annex I – item 190
Vicia villosa Roth.deleted
2013/12/18
Committee: AGRI
Amendment 1394 #
Proposal for a regulation
Annex I – item 192
Zea mays L.except for vegetable use
2013/12/18
Committee: AGRI
Amendment 1401 #
Proposal for a regulation
Annex II – Part A – point 2 – point f
(f) Where appropriate, the cultivation of plant reproductive material shall take place separately from the cultivation of material belonging to the same genera or species for food or feed purposes, to ensure health of the material concerned.deleted
2013/12/18
Committee: AGRI
Amendment 1407 #
Proposal for a regulation
Annex II – Part D a (new)
Da. Points 2(a), 2(d), 2(g) of PART A, (b), (c), (e), (h) of PART B and (b) of PART D shall not apply to heterogeneous material, and registration under officially recognised description made available on the market as standard material.
2013/12/18
Committee: AGRI
Amendment 1418 #
Proposal for a regulation
Annex III – Part A – point k
(k) where relevant, references to month and year of labelling or references to month and year of last sampling;
2013/12/18
Committee: AGRI
Amendment 1420 #
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 1423 #
Proposal for a regulation
Annex III – Part A – point n b (new)
(nb) the indication of all non-traditional breeding methods used for obtaining that plant reproductive material.
2013/12/18
Committee: AGRI