Activities of Martin HÄUSLING 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 (175)
Amendment 60 #
Proposal for a regulation
Title 1
Title 1
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) (Text with EEA relevance)
Amendment 61 #
Proposal for a regulation
Citation 4 a (new)
Citation 4 a (new)
Having regard to the United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas of the UN, adopted by the Human Rights Council on 28 September 2018,
Amendment 64 #
Proposal for a regulation
Recital 4
Recital 4
(4) PRM constitutes the starting material for plant production in the Union. Therefore, it is critical for the production of raw material for food and feed purposes and for the efficient use of plant resources. It can contributes to environmental protection and the quality of the food chain and food supply in the Union as a whole. In this regard, the availability, quality and diversity of PRM appears to be of outmost importance to achieve the transition to sustainable food systems called for in the Farm to Fork Strategy36 , agriculture, horticulture, environmental protection, climate change mitigation and adaptation, food and feed security, and the economy in general. _________________ 36 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions, A Farm to Fork Strategy for a fair, healthy and environmentally-friendly food system (COM(2020) 381 final).
Amendment 68 #
Proposal for a regulation
Recital 6
Recital 6
(6) The scope of this Regulation should only cover the PRM of certain genera and species of increased economic and social importance. That importance should be assessed depending on whether such genera and species represent a significant area of production and value in the Union, on their role for the security of food and feed production in the Union, and on whether they are marketed in at least two Member States. That area of production and value may concern several technical aspects. Depending on the circumstances, it may be calculated on the basis of factors such as the total size of productive land in several different areas of the Union, the marketing value of PRM in relation to specific sectors, or the demands for those species by farmers, final users and industry. However, it should be possible under certain conditions for a Member State, to add or remove of a genus or species for the marketing of PRM on its territory.
Amendment 75 #
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 trade. 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 76 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13 a) This Regulation should not cover PRM accessed, sold or transferred in any way, whether free of charge or not, for the purpose of the conservation and sustainable use of plant genetic resources and agro-biodiversity, as this type of PRM does not require particular harmonised identity or quality standards and does not compromise the identity and quality of other PRM marketing in the Union.
Amendment 86 #
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. 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 higher level of genetic and phenotypical diversity between individual reproductive units. Those varieties are referred to as ‘conservation varieties’. 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 89 #
Proposal for a regulation
Recital 35
Recital 35
Amendment 93 #
Proposal for a regulation
Recital 36
Recital 36
(36) Farmers habitually exchange in kind small quantities of seeds in order to carry out dynamic management of their own seed. 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 is no misuse of such derogation impacting the marketing 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).
Amendment 99 #
Proposal for a regulation
Recital 41
Recital 41
(41) In order to ensure transparency and more effective controls on the production and marketing of PRM, professional operators, which are not a micro- enterprise, should be registered. It is appropriate that they register in the registers established by Member States pursuant to Regulation (EU) 2016/2031 of the European Parliament and of the Council (42 ), in order to reduce the administrative burden for those professional operators. This is also proportionate because the vast majority of professional operators producing and marketing PRM are already registered in the professional operators’ registers of that Regulation. _________________ 42 Regulation (EU) 2016/2031 of the European Parliament and of the Council of 26 October 2016 on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC (OJ L 317, 23.11.2016, p. 4).
Amendment 104 #
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 vin which such varieties would be mariketiesed 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 105 #
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 of agricultural crops other than vegetables to be only produced and marketed as pre- basic, basic or certified seeds or material should show an improvement compared to the other varieties of the same genera or species registered in the same national variety register, concerning certain aspects. Among those aspects are their yield, including yield stability and yield under low input conditions; tolerance/resistance to biotic stresses, including plant diseases caused by nematodes, fungi, bacteria, viruses, insects and other pests; tolerance/resistance to abiotic stresses, including adaptation to climate change conditions; more efficient use of natural resources, such as water and nutrients; reduced need for external inputs, such as plant protection products and fertilisers; characteristics that enhance the sustainability of storage, processing and distribution; and quality or nutritional characteristics (‘value for sustainable cultivation and use’). For the purpose of deciding on the variety registration and in order to provide sufficient flexibility to register varieties with the most desirable characteristics, those aspects should be considered for a given variety as a whole. In order to ensure that these varieties can help agricultural production to be more sustainable, their examination of the value for cultivation and use should be conducted under organic conditions, or, where competent authorities are not able to carry out an examination under organic conditions, under low-input conditions.
Amendment 108 #
Proposal for a regulation
Recital 50
Recital 50
(50) As organic varieties suitable for organic production as defined in Article 3 of Regulation (EU) 2018/848 are characterised by a high level of genetic and phenotypical diversity between individual reproductive units, it is appropriate that their registration is subject to adjusted DUS, and in particular as regards the requirements concerning uniformity. Furthermore, in order for that such varieties to be better adapted to the specific needs of organic production, their examination of the value for sustainable cultivation and use should be conducted under organic conditions.
Amendment 109 #
Proposal for a regulation
Recital 55
Recital 55
Amendment 111 #
Proposal for a regulation
Recital 56
Recital 56
(56) In order to ensure the credibility and high quality of the examinations on distinctness, uniformity and stability, the premises of the competent authorities where they take place should be audited by the Community Plant Variety Office (‘CPVO’).The premises of the applicants where the examination for the satisfactory value for sustainable cultivation and use takes place under official supervision, should be audited by the respective competent authorities, to ensure compliance with the applicable requirements.
Amendment 112 #
Proposal for a regulation
Recital 57
Recital 57
(57) The period of the registration of a variety should be 10 years, so as to encourage innovation in the breeding sector, and the removal from the market of old varieties and their replacement by new ones. However, that period should be 30 years for conservation varieties and for varieties of genera or species of fruit plants and vine, due to the longer time required for the completion of the productive cycle of those genera or species.
Amendment 116 #
Proposal for a regulation
Recital 64
Recital 64
Amendment 118 #
Proposal for a regulation
Recital 70
Recital 70
(70) In order to adapt testing and requirements for the sustainable value of cultivation and use requirements to the potential technical and scientific developments, and the possible development of international standards, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of supplementing this Regulation with certain elements. Those consist of the necessary methodologies for the growing trials to be carried out with a view to assessing, and adopting further requirements for, sustainable value of cultivation and use for certain genera or species.
Amendment 119 #
Proposal for a regulation
Recital 72
Recital 72
(72) In order to adapt the provisions of this Regulation concerning technical examinations of varieties to the technical and scientific developments and the practical needs of competent authorities and professional operators, and follow up on the experience gained from the application of the respective rules, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of supplementing this Regulation by setting out the rules concerning the audit of the premises of professional operators to carry out technical examinations for the satisfactory value for sustainable cultivation and use.
Amendment 120 #
Proposal for a regulation
Recital 73
Recital 73
(73) In order to adapt the provisions of this Regulation concerning the examination for sustainable cultivation and use to the technical or scientific developments, and to any new Union policies or rules on sustainable agriculture, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of supplementing this Regulation by establishing the minimum requirements for carrying out this examination, establishing the methodologies for assessing the characteristics examined, establishing the standards for the evaluation and the reporting of the results of this examination and amending the characteristics examined.
Amendment 123 #
Proposal for a regulation
Recital 91
Recital 91
(91) This Regulation should apply from 3 years after its entry into force, in order to allow the competent authorities and the professional operators to adapt to its provisions and also to provide the necessary time for the adoption of the respective delegated and implementing acts. The rules concerning the satisfactory value for sustainable cultivation and use of varieties of vegetables and fruit plants should however apply from 5 years after its entry into force. That additional time period is needed for the competent authorities and professional operators to make the necessary preparations and carry out the first tests in the fields complying with those new rules.
Amendment 134 #
Proposal for a regulation
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
(b) to ensure a equalproportionate conditions for the competition of the professional operators across the Union and the functioning of the internal market in PRM;
Amendment 136 #
Proposal for a regulation
Article 2 – paragraph 2 – point e
Article 2 – paragraph 2 – point e
(e) to contribute to sustainable agricultural production, adapted to the diversity of current and future projected pedoclimatic conditions;
Amendment 155 #
Proposal for a regulation
Article 2 – paragraph 4 – point d
Article 2 – paragraph 4 – point d
(d) PRM sold or transferred in any way, whether free of charge or not, between final users for their own private use and outside their commercial activities;
Amendment 160 #
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;
Amendment 167 #
Proposal for a regulation
Article 2 – paragraph 4 – point e a (new)
Article 2 – paragraph 4 – point e a (new)
(e a) PRM accessed, sold or transferred in any way, whether free of charge or not, for the purpose of the conservation and sustainable use of plant genetic resources and agro-biodiversity;
Amendment 178 #
Proposal for a regulation
Article 3 – paragraph 1 – point 2 – introductory part
Article 3 – paragraph 1 – point 2 – introductory part
(2) ‘professional operator’ means any natural or legal person, involved professionally in one or more of the following activities in the Union concerning PRM, aimed at the commercial exploitation of the PRM by the professional operator outside of a services contract:
Amendment 190 #
Proposal for a regulation
Article 3 – paragraph 1 – point 2 – point c
Article 3 – paragraph 1 – point 2 – point c
Amendment 194 #
Proposal for a regulation
Article 3 – paragraph 1 – point 2 – point d
Article 3 – paragraph 1 – point 2 – point d
Amendment 204 #
Proposal for a regulation
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘marketing’ means the following actions conducted by a professional operator: sale, holding, transfer for free, or offering for sale or any other way of transferring or distribution of PRM within, or import into, the Union, aimed at the commercial exploitation of the PRM;
Amendment 238 #
Proposal for a regulation
Article 3 – paragraph 1 – point 27 – point d a (new)
Article 3 – paragraph 1 – point 27 – point d a (new)
(d a) does not consist of a GMO or a category 1 NGT plant as defined in Article 3(7) of Regulation (EU) or of a category 2 NGT plant as defined in Article 3(8) of Regulation (EU) …/… (Office of Publications, please insert reference to NGT Regulation ...).
Amendment 242 #
Proposal for a regulation
Article 3 – paragraph 1 – point 28
Article 3 – paragraph 1 – point 28
(28) ‘final user’ means any person acquiring, transferring and using PRM for purposes which are outside that person’s main professional activities;
Amendment 251 #
Proposal for a regulation
Article 3 – paragraph 1 – point 29 – point a a (new)
Article 3 – paragraph 1 – point 29 – point a a (new)
(a a) is not an F1 hybrid;
Amendment 253 #
Proposal for a regulation
Article 3 – paragraph 1 – point 29 – point b
Article 3 – paragraph 1 – point 29 – point b
(b) in the case of seeds, characterised by a highcertain level of genetic and phenotypical diversity between individual reproductive units;
Amendment 255 #
Proposal for a regulation
Article 3 – paragraph 1 – point 29 – point b a (new)
Article 3 – paragraph 1 – point 29 – point b a (new)
(b a) is not a GMO or a category 1 NGT plant as defined in Article 3(7) of Regulation (EU) or of a category 2 NGT plant as defined in Article 3(8) of Regulation (EU) …/… (Office of Publications, please insert reference to NGT Regulation ...);
Amendment 261 #
Proposal for a regulation
Article 3 – paragraph 1 – point 31
Article 3 – paragraph 1 – point 31
(31) ‘practically free from quality 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 adversely the quality of that PRM;
Amendment 274 #
Proposal for a regulation
Article 3 – paragraph 1 – point 35 a (new)
Article 3 – paragraph 1 – point 35 a (new)
(35 a) An ‘F1 hybrid variety’ means a hybrid variety that does not reproduce true to type in further generations.
Amendment 279 #
Proposal for a regulation
Article 3 – paragraph 1 – point 35 b (new)
Article 3 – paragraph 1 – point 35 b (new)
(35 b) ‘conservation and sustainable use of plant genetic resources and agro- biodiversity’ means the preservation of the genetic diversity within and between cultivated plant species, and includes both the in situ dynamic conservation, whether on farm or in garden, the ex situ conservation outside of their natural habitat, and the sustainable use of plant genetic resources and agro-biodiversity in a way and at a rate that does not lead to the long-term decline of biological diversity, thereby maintaining its potential to meet the needs and aspirations of present and future generations.
Amendment 281 #
Proposal for a regulation
Article 3 – paragraph 1 – point 35 c (new)
Article 3 – paragraph 1 – point 35 c (new)
(35 c) a ‘micro-enterprise’ is an entity as defined in the Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (notified under document number C(2003) 1422).
Amendment 312 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 319 #
Proposal for a regulation
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
4 a. Before adopting or supplementing the delegated act mentioned in paragraph 4 concerning points (a) to (i), the Commission shall assess the implementation of the requirements, considering the outcome of their application by competent authorities and small-scale professional operators and their impact on seed production and availability.
Amendment 321 #
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
Amendment 340 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
Amendment 346 #
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
(a) procedure for the application submitted by the professional operator to the Member State concerned;
Amendment 347 #
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) specific actions to be taken by the competent authority, in order to confirm the compliance withprofessional operator is capable to comply with the requirements under paragraph 1, points (a) to (g).
Amendment 348 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
Where an authorised professional operator no longer fulfils the requirements set out in Article 10(1), the competent authority shallmay request that the professional operator to takes corrective actions within a specified period of time.; or
Amendment 349 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
The competent authority shall without delay withdraw, or modify as appropriate, the authorisation, the authorisation, or in the case the competent authority requested corrective measures, verify if the obligations in (1) are fullfilled as appropriate. In any case if the professional operator does not apply the corrective actions referred to in the first subparagraph within the specified period of time the authorisation shall be withdrawn. In case it is concluded that the authorisation had been granted following fraud, the competent authority shall impose the appropriate sanctions to the professional operator.
Amendment 350 #
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
Amendment 352 #
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
Amendment 353 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1
Article 12 – paragraph 2 – subparagraph 1
For the purposes of the certification under official supervision,certification the competent authorities shall carry out official inspections, sampling and testing on a portion of the crops on the site of production and on lots of the PRM in order to confirm compliance of that material with the requirements referred to in Article 7.
Amendment 356 #
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 2 – point b
Article 12 – paragraph 3 – subparagraph 2 – point b
(b) monitoring activitiesthe certification to be carried out by the competent authorities;
Amendment 358 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. PRM shall be marketed in lots. The content of the varieties and species of each lot shall be sufficiently homogeneous regarding and identifiable by its users as distinct from other lots of PRM. These requirements shall not apply to PRM produced and marketed according to Articles 22, and 26 to 30.
Amendment 387 #
Proposal for a regulation
Article 17 – paragraph 4 – subparagraph 1 – point a
Article 17 – paragraph 4 – subparagraph 1 – point a
(a) the official label referred to in Article 15(1), including mandatory reference to existing intellectual property rights covering the variety, its components, characteristics or development process, when known ;
Amendment 390 #
Proposal for a regulation
Article 17 – paragraph 4 – subparagraph 1 – point b
Article 17 – paragraph 4 – subparagraph 1 – point b
(b) the operator’s label referred to in Article 16, including mandatory reference to existing intellectual property rights covering the variety, its components, characteristics or development process, when known ;
Amendment 391 #
Proposal for a regulation
Article 17 – paragraph 4 – subparagraph 1 – point h
Article 17 – paragraph 4 – subparagraph 1 – point h
Amendment 395 #
Proposal for a regulation
Article 19 – paragraph 1 – point b
Article 19 – paragraph 1 – point b
(b) the PRM concerned is withdrawn from the market or is used as material other than PRM with a view to its marketing;
Amendment 397 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. PRM belonging to the genera or species as listed in Annex IV may only be produced and marketed as pre-basic, basic or certified seeds or material, except for PRM marketed in accordance with Articles 22, 26 or 27.
Amendment 399 #
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 4
Article 20 – paragraph 2 – subparagraph 4
The delegated act referred to in the first subparagraph shall remove a genus or a species from Annex IV, if one of the conditions set out in the second subparagraph, point (b), points (i) and (ii), is no longer fulfilled. At the request of a Member State, the Commission may authorise 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 including the conditions described in the second paragraph.
Amendment 412 #
Proposal for a regulation
Article 22 – paragraph 1 – subparagraph 1 – introductory part
Article 22 – paragraph 1 – subparagraph 1 – introductory part
By way of derogation from Articles 5 to 8 and from Article 21(1), Member States may authorise the production and marketing of a mixture of seeds of various genera or species listed in Part A and Part B of Annex I, as well as of different varieties of those genera or species, together with seeds of genera or species of other Parts of that Annex, or of genera or species not listed in that Annex, if such a mixture fulfils all of the following conditions:
Amendment 414 #
Proposal for a regulation
Article 22 – paragraph 1 – subparagraph 1 – point b
Article 22 – paragraph 1 – subparagraph 1 – point b
(b) it is naturally associated with a particular area (‘source arearegion of origin’) contributing to the conservation of genetic resources or the restoration of the natural environment;
Amendment 417 #
Proposal for a regulation
Article 24 – paragraph 5
Article 24 – paragraph 5
5. In the case of control of varietal identity and purity, thean operator may use of bio- molecular techniques may be used as a supplementary tool where the results of the conrol plot tests referred to in paragraph 1 are non conclusive
Amendment 419 #
Proposal for a regulation
Article 25
Article 25
Amendment 424 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. By way of derogation from Article 20 of all genera or species listed in Annex I, PRM 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 425 #
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
Amendment 429 #
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. By way of derogation from Articles 7(1), (3), Article 8, and Article 8(1), (3)s 14 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 432 #
Proposal for a regulation
Article 27 – paragraph 3 – subparagraph 1 – point c
Article 27 – paragraph 3 – subparagraph 1 – point c
(c) improve the rules on maintenance of heterogenous PRM, where applicable, on the basis of the emergence of best practices.
Amendment 433 #
Proposal for a regulation
Article 27 – paragraph 4
Article 27 – paragraph 4
Amendment 438 #
Proposal for a regulation
Article 27 – paragraph 5 – subparagraph 3 – point d
Article 27 – paragraph 5 – subparagraph 3 – point d
(d) the breeding or production location of the PRM of heterogeneous material and production location;
Amendment 439 #
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 441 #
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 registration should be free of charge to the professional operator.
Amendment 443 #
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, accessible in online format, and notify immediately its content and updates to the Commission.
Amendment 447 #
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 450 #
Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 2
Article 28 – paragraph 1 – subparagraph 2
Amendment 453 #
Proposal for a regulation
Article 28 – paragraph 2 – subparagraph 1
Article 28 – paragraph 2 – subparagraph 1
Amendment 457 #
Proposal for a regulation
Article 29
Article 29
Amendment 484 #
Proposal for a regulation
Article 30 – title
Article 30 – title
Amendment 491 #
Proposal for a regulation
Article 30 – paragraph 1 – introductory part
Article 30 – paragraph 1 – introductory part
1. By way of derogation from Articles 5 -to 25, farmers may exchange seedsPRM in kind or for monetary compensation, if such seedsPRM fulfill all of the following conditions:
Amendment 497 #
Proposal for a regulation
Article 30 – paragraph 1 – point 2
Article 30 – paragraph 1 – point 2
(2) in the case of seeds, are derived from the respective farmer’s own harvest;
Amendment 502 #
Proposal for a regulation
Article 30 – paragraph 1 – point 3
Article 30 – paragraph 1 – point 3
(3) in the case of seeds, are not subject to a service contract conducted by the respective farmer with a professional operator performing seed production; and
Amendment 505 #
Proposal for a regulation
Article 30 – paragraph 1 – point 4
Article 30 – paragraph 1 – point 4
(4) in the case of seeds, the seed is used for dynamic management of farmer’s own seed for the purpose of contributing to agro-diversity.
Amendment 507 #
Proposal for a regulation
Article 30 – paragraph 1 – point 4 a (new)
Article 30 – paragraph 1 – point 4 a (new)
(4a) the PRM is neither a GMO nor an NGT PRM according to EU legislation.
Amendment 509 #
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 516 #
Proposal for a regulation
Article 30 – paragraph 2 – point b
Article 30 – paragraph 2 – point b
(b) to be limited to small quantities, defined by the competent authorities for specific species per year and per farmer, without using commercial intermediaries or public offer of marketing; and
Amendment 520 #
Proposal for a regulation
Article 30 – paragraph 2 – point c
Article 30 – paragraph 2 – point c
(c) to be practically free from quality pests and any defects likely to impact their quality as seeds, and shall have satisfactory germination capacityPRM.
Amendment 550 #
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 should be proportionate in light of the costs of PRM production and marketing and the foreseen impact of these more stringent requirements.
Amendment 553 #
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, 20, 26, 27 and 47 to 54, the Commission may, by means of implementing 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, 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 556 #
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, 20, 26, 27 and 47 to 54 of this Regulation.
Amendment 560 #
Proposal for a regulation
Article 39 – paragraph 1 – subparagraph 2
Article 39 – paragraph 1 – subparagraph 2
Amendment 565 #
Proposal for a regulation
Article 41 – paragraph 1 – introductory part
Article 41 – paragraph 1 – introductory part
Professional operators, which produce PRM with the exception of micro-enterprises, which produce PRM with the aim of commercial exploitation, shall:
Amendment 571 #
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
1. Professional operators, with the exception of micro-enterprises, shall ensure that PRM is traceable at all stages of production and marketing.
Amendment 572 #
Proposal for a regulation
Article 42 – paragraph 3
Article 42 – paragraph 3
3. Professional operators, with the exception of micro-enterprises, shall keep records of the PRM and the professional operators and persons referred to in paragraph 2 for 3 years after that material has been respectively supplied to or by them.
Amendment 579 #
Proposal for a regulation
Article 45 – paragraph 2 – subparagraph 1
Article 45 – paragraph 2 – subparagraph 1
The Union variety register shall include the varieties, registered in national variety registers and notified in accordance with Article 44, and be updated monthly.
Amendment 581 #
Proposal for a regulation
Article 46 – paragraph 2
Article 46 – paragraph 2
2. The Commission is empowered to adopt a delegated act in accordance with Article 75, in order to amend Annex VII to further add elements that need to be included in the variety registers , taking into account the technical and scientific developments, and on the basis of gained experience indicating the need of competent authorities or professional operators to obtain more precise information about the registered varieties.
Amendment 584 #
Proposal for a regulation
Article 47 – paragraph 1 – subparagraph 1 – point a – point i
Article 47 – paragraph 1 – subparagraph 1 – point a – point i
(i) an official description showing compliance with the requirements of distinctness, uniformity and stability set out in Articles 48, 49 and 50, and, for agricultural crops other than vegetables, as listed in Annex IV part A, fulfil the requirements for satisfactory value for sustainable cultivation and use, as set out in Article 52; or
Amendment 590 #
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, as adopted by the competent authorities responsible for registration of all of the Member States in which the variety will be marketed, to avoid the development of herbicide resistance in weeds due to their use; These conditions will be subject to a public consultation process by the competent authority before they are adopted;
Amendment 594 #
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 of all of the Member States in which the variety will be marketed, as adopted by the competent authorities responsible for their registration, to avoid those particular undesirable agronomic effects, such as the development of resistance of pests to the respective varieties or undesirable effects on pollinators. These conditions will be subject to a public consultation process by the competent authority before they are adopted.
Amendment 602 #
Proposal for a regulation
Article 47 – paragraph 4
Article 47 – paragraph 4
4. For the purpose of registering a variety in its national variety register, a competent authority shallmay accept, without any further examination, an official description, an officially recognised description or an official examination of the requirements for value for sustainable cultivation and use, as referred to in paragraph 1, point (a)(i), which has been produced by a competent authority of another Member State.
Amendment 605 #
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 any natural or legal persons, especially farmers or actors involved in the conservation and sustainable use of plant genetic resources and agro-biodiversity;
Amendment 607 #
Proposal for a regulation
Article 48 – paragraph 2 – point c
Article 48 – paragraph 2 – point c
(c) an official description of that variety exists in the Union, it is commonly known worldwideor publicly known, or the technical examination has been conducted pursuant to Article 59.
Amendment 608 #
Proposal for a regulation
Article 52 – title
Article 52 – title
Value for sustainable cultivation and use
Amendment 610 #
Proposal for a regulation
Article 52 – paragraph 1 – subparagraph 1
Article 52 – paragraph 1 – subparagraph 1
For the purposes of Article 47(1), point (c), the value of a variety for sustainable cultivation and use of a variety shall be considered as satisfactory if, compared to other varieties of the same species registered in the national variety register of the respective Member State, its characteristics, taken as a whole, as well as the variety’s life cycle, including the production system in which it will be cultivated, offer a clear improvement for the sustainable cultivation and the uses which can be made of the crops, other plants or the products derived therefrom.
Amendment 616 #
Proposal for a regulation
Article 52 – paragraph 2
Article 52 – paragraph 2
2. For the prurpose of paragraph 1, Member States may collaborate with other Member States with similar agro- ecological conditions. Those Member States may establish shared facilities for carrying out the examination for value for sustainable cultivation and use.
Amendment 620 #
Proposal for a regulation
Article 52 – paragraph 4 – subparagraph 1
Article 52 – paragraph 4 – subparagraph 1
Amendment 621 #
Proposal for a regulation
Article 52 – paragraph 4 – subparagraph 2
Article 52 – paragraph 4 – subparagraph 2
Amendment 624 #
Proposal for a regulation
Article 53 – paragraph 1 – introductory part
Article 53 – paragraph 1 – introductory part
1. By way of derogation from Articles 48, 49, 50, 52, 55(2), 56, 57, and 59 to 657, a conservation variety shall be registered in a national variety register if it complies with the following conditions:
Amendment 626 #
Proposal for a regulation
Article 53 – paragraph 1 – point b
Article 53 – paragraph 1 – point b
(b) it has an indication of its initial region of origin, when known ;
Amendment 627 #
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 631 #
Proposal for a regulation
Article 53 – paragraph 2 – subparagraph 2 a (new)
Article 53 – paragraph 2 – subparagraph 2 a (new)
Decisions refusing the registration of a conservation variety in the national variety register shall state the reasons justifying such refusal. The competent authority shall communicate to the applicant the decision.
Amendment 632 #
Proposal for a regulation
Article 53 – paragraph 2 – subparagraph 2 b (new)
Article 53 – paragraph 2 – subparagraph 2 b (new)
The decisions may be appealed, in accordance with the administrative rules of the Member State concerned. Any appeal against a decision shall have a suspensory effect on the registration of the respective variety.
Amendment 633 #
Proposal for a regulation
Article 53 – paragraph 3 – point a
Article 53 – paragraph 3 – point a
(a) it is already listed in the Union variety register with an official description, pursuant to Article 44(1), point (a), or it was deleted from the Union variety register as a variety with an official description within the last 2 years, or within 2 years from the expiry of the period granted pursuant to Article 71(2), or
Amendment 634 #
Proposal for a regulation
Article 53 – paragraph 4 – subparagraph 1
Article 53 – paragraph 4 – subparagraph 1
The officially recognised description referred to in paragraph 1, point (a), shall be based on results of unofficial tests, knowledge gained from practical experience during cultivation, reproduction and use, where applicable and available, or other information, in particular from the plant genetic resource authorities or from organisations recognised for this purpose by Member States.
Amendment 636 #
Proposal for a regulation
Article 53 – paragraph 4 – subparagraph 2
Article 53 – paragraph 4 – subparagraph 2
Amendment 639 #
Proposal for a regulation
Article 54 – paragraph 1 – point c – paragraph 1 – introductory part
Article 54 – paragraph 1 – point c – paragraph 1 – introductory part
it is identical to, or may be confused with, a variety denomination or in the commercial catalogue of a professional operator, or in documentation made publicly available or submitted to the competent authority by any natural or legal person, including farmers and actors involved in the conservation and sustainable use of plant genetic resources and agro-biodiversity:
Amendment 643 #
Proposal for a regulation
Article 54 – paragraph 3 – subparagraph 1
Article 54 – paragraph 3 – subparagraph 1
Where, after the registration of a variety, it is established by the competent authority that at the time of the registration the denomination of the variety was not suitable within the meaning of paragraphs 1 and 2, the applicant shall submit an application for a new denomination. The competent authority shall decide on that application upon consultation with CPVO and relevant stakeholders .
Amendment 644 #
Proposal for a regulation
Article 54 – paragraph 3 – subparagraph 2 a (new)
Article 54 – paragraph 3 – subparagraph 2 a (new)
Competent authorities shall cooperate and consult one another when determining the suitability of variety denomination in a working group set up to that effect.
Amendment 645 #
Proposal for a regulation
Article 54 – paragraph 4
Article 54 – paragraph 4
Amendment 648 #
Proposal for a regulation
Article 56 – paragraph 1 – point k
Article 56 – paragraph 1 – point k
Amendment 650 #
Proposal for a regulation
Article 56 – paragraph 1 – point o
Article 56 – paragraph 1 – point o
(o) the intended use or conditions of cultivation, if applicable pursuant to Article 47(2), of the variety.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;
Amendment 655 #
Proposal for a regulation
Article 56 – paragraph 1 – point o a (new)
Article 56 – paragraph 1 – point o a (new)
(oa) the breeding methods used for the development of the variety;
Amendment 657 #
Proposal for a regulation
Article 56 – paragraph 1 – point o b (new)
Article 56 – paragraph 1 – point o b (new)
(ob) the existence of intellectual property rights on the variety as a whole or its components.
Amendment 658 #
Proposal for a regulation
Article 56 – paragraph 1 a (new)
Article 56 – paragraph 1 a (new)
1a. If the information pursuant to paragraph 1(j), (l), (m), (n), (o), (oa) and (ob) is omitted, the competent authority shall reject or, where applicable, withdraw the registration of the variety and apply a fine.
Amendment 663 #
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), 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 664 #
Proposal for a regulation
Article 61 – paragraph 1 a (new)
Article 61 – paragraph 1 a (new)
1a. Paragraph 1 does not apply in the cases where the variety: (a) contains or consists of a genetically modified organism, evidence that the genetically modified organism in question is authorised for cultivation in the Union, in accordance with Directive 2001/18/EC or Regulation (EC) No 1829/2003, or, where applicable, in the respective Member State in accordance with Article 26b of Directive 2001/18/EC; (b) contains or consists of a category 1 NGT as defined in Article 3(7) of Regulation (EU) …/… of the European Parliament and of the Council26 (Office of Publications, please insert reference to NGT Regulation), evidence that the plant has obtained a declaration of category 1 NGT plant status pursuant to Article 6 or 7 of that Regulation or is progeny of such plant(s); (c) contains or consists of a category 2 NGT plant as defined in Article 3(8) of Regulation (EU) …/… (Office of Publications, please insert reference to NGT Regulation), indication of that fact; 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).
Amendment 668 #
Proposal for a regulation
Article 63 – paragraph 2
Article 63 – paragraph 2
Amendment 670 #
Proposal for a regulation
Article 66 – paragraph 1
Article 66 – paragraph 1
After the formal examination of the application provided for in Article 57, and prior to the registration of a variety in a national variety register pursuant to Article 67, the competent authority shall consult the CPVO onrelevant stakeholders at national level, as well as the Committee mentioned in Article 76(1) on the suitability of the variety denomination proposed by the applicant in light of the requirements of Article 54.
Amendment 671 #
Proposal for a regulation
Article 66 – paragraph 2
Article 66 – paragraph 2
Thet CPVO competent authority may also consult the CPVO, which shall submit to the competent authority a recommendation on the suitability of the variety denomination proposed by the applicant, in accordance with Article 54. The competent authority shall inform the applicant on thate recommendation.
Amendment 672 #
Proposal for a regulation
Article 66 – paragraph 2 a (new)
Article 66 – paragraph 2 a (new)
The CPVO shall verify, where necessary through wide consultation with the public, genetic re-source centres, farmers' organisations, local communities and national and territorial authorities, that this denomination is not already being used for varieties already developed, conserved or cultivated by farmers, local communities or breeders who market their products under this de-nomination without ever having registered it.
Amendment 673 #
Proposal for a regulation
Article 67 – paragraph 2 – point a
Article 67 – paragraph 2 – point a
(a) it establishes that the respective requirements set out in Article 47(1) and 48 are not fulfilled; or
Amendment 674 #
Proposal for a regulation
Article 67 – paragraph 5
Article 67 – paragraph 5
5. The decisions referred to in paragraph 1 and 2 may be appealed by any natural or legal person at any time, in accordance with the administrative rules of the Member State concerned. Any appeal by the applicant or third parties against a decision referred to in paragraph 1 shall have a suspensory effect on the registration of the respective variety.
Amendment 675 #
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 678 #
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, Article 3(1) and Article 321(1) of Directive 2009/145/EC and varieties with an officially recognised description pursuant to the Article 7 of Directive 2008/90/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 681 #
Proposal for a regulation
Article 68 a (new)
Article 68 a (new)
Article 68a Prohibition of specified reproductive material by Member States A Member State may, upon application, be authorised to prohibit the use of the variety in all or in part of its territory or to lay down appropriate conditions for cultivating the variety in accordance, in cases provided for in subparagraph (c), with the conditions for using the products resulting from such cultivation: (a) where it is established that the cultivation of the variety could be harmful from the point of view of plant health to the cultivation of other varieties or species; or (b) where official growing trials carried out in the applicant Member States show that the variety does not, in any part of its territory, produce results corresponding to those obtained from a comparable variety accepted in the territory of that Member State or, where it is well known that the variety is not suitable for cultivation in any part of its territory because of its type of maturity class. The application shall be lodged before the end of the third calendar year following that of acceptance; (c) where it has valid reasons other than those already mentioned for considering that the variety presents a risk for human health or the environment.
Amendment 682 #
Proposal for a regulation
Article 69 – paragraph 1 – subparagraph 2
Article 69 – paragraph 1 – subparagraph 2
However, that period of registration shall be 30 years for conservation varieties and varieties of species of fruit plants and vine propagating material, as listed respectively in Parts C and D of Annex I.
Amendment 688 #
Proposal for a regulation
Article 72 – paragraph 7 a (new)
Article 72 – paragraph 7 a (new)
7a. By way of derogation to paragraphs 1-7, conservation varieties shall be maintained by the applicant or by any other person notified by the applicant to the competent authority, without subsequent authorisation. Conservation variety maintenance may only take place in EU Member States with pedo-climatic conditions similar to those included in the officially recognised description of the variety.
Amendment 690 #
Proposal for a regulation
Article 77 – paragraph 1 – point a
Article 77 – paragraph 1 – point a
(a) quantities of certified and standard PRM and areas used for their production per year and species with a specification of the quantities used for organic varieties suitable for organic production;
Amendment 691 #
Proposal for a regulation
Article 77 – paragraph 1 – point b
Article 77 – paragraph 1 – point b
Amendment 692 #
Proposal for a regulation
Article 77 – paragraph 1 – point c
Article 77 – paragraph 1 – point c
Amendment 693 #
Proposal for a regulation
Article 77 – paragraph 1 – point d
Article 77 – paragraph 1 – point d
(d) number of professional operators using the derogations for marketing to final users in accordance with Article 28, the species concerned and total quantities of PRM per species;
Amendment 694 #
Proposal for a regulation
Article 77 – paragraph 1 – point e
Article 77 – paragraph 1 – point e
Amendment 695 #
Proposal for a regulation
Article 77 – paragraph 1 – point f
Article 77 – paragraph 1 – point f
Amendment 696 #
Proposal for a regulation
Article 77 – paragraph 1 – point g
Article 77 – paragraph 1 – point g
Amendment 697 #
Proposal for a regulation
Article 77 – paragraph 1 – point k a (new)
Article 77 – paragraph 1 – point k a (new)
(ka) progress made in the conservation and sustainable use of PRGFA, i.e. through the number of entities having notified their use of Article 29 and other related data.
Amendment 699 #
Proposal for a regulation
Article 80 – paragraph 1 – point 1
Article 80 – paragraph 1 – point 1
Regulation (EU) 2017/625
Article 1, paragraph 2
Article 1, paragraph 2
(ka) the cultivation of certain varieties that could have undesirable agronomic effects.
Amendment 701 #
Proposal for a regulation
Article 81
Article 81
Regulation (EU) 2018/848
Article 3
Article 3
Amendment 706 #
Proposal for a regulation
Article 81 – paragraph 1 – point 3
Article 81 – paragraph 1 – point 3
(3) The second paragraph of Point 1.8.4. of Part I of Annex II to Regulation (EU) 2018/848 is replaced by the following: “ All multiplication practices, except plant tissue cultures, cell cultures, germplasm, meristems, chimaeric clones, micro- propagated material, shall be carried out under certified organic management”.
Amendment 708 #
Proposal for a regulation
Annex I – Part A – paragraph 17
Annex I – Part A – paragraph 17
Amendment 715 #
Proposal for a regulation
Annex I – Part B – paragraph 1
Annex I – Part B – paragraph 1
Amendment 716 #
Proposal for a regulation
Annex I – Part B – paragraph 2
Annex I – Part B – paragraph 2
Amendment 718 #
Proposal for a regulation
Annex I – Part C – paragraph 17
Annex I – Part C – paragraph 17
Amendment 732 #
Proposal for a regulation
Annex III – Part A – point 1 – Part A – point d
Annex III – Part A – point 1 – Part A – point d
(d) The quality of soil, substrates, mother plants and the immediate environment shall be inspected by the professional operator to avoid presence of pests or their vectors, in accordance with Regulation (EU) 2016/2031.
Amendment 734 #
Proposal for a regulation
Annex III – Part A – point 1 – Part A – point f
Annex III – Part A – point 1 – Part A – point f
(f) Where appropriate, the production of seeds shall take place separately fromparticular attention should be put on the production of seeds in parallel with the cultivation of seeds belonging to the same genera or species intended for the production of food or feed, to ensure health of the material concerned, separating the plots when it is necessary to do so to maintain the health of the material.
Amendment 736 #
Proposal for a regulation
Annex III – Part A – point 1 – Part B – point a – paragraph 1
Annex III – Part A – point 1 – Part B – point a – paragraph 1
It shall be ensured that off-types, in the field, are absent, except for PRM belonging to conservation varieties. Where this is not possible due to the characteristics of the species concerned, they shall be present up to the lowest possible level.
Amendment 738 #
Proposal for a regulation
Annex III – Part A – point 1 – Part B – point d
Annex III – Part A – point 1 – Part B – point d
(d) The mother plants shall, where applicable, be maintained in all phases of production, under conditions to enable the production of seeds, and permitting their identification and verification of compliance with the official description of their variety.
Amendment 740 #
Proposal for a regulation
Annex III – Part A – point 1 – Part B – point e
Annex III – Part A – point 1 – Part B – point e
(e) All crops in the field shall be inspected at their relevant growth stage(s), at the relevant frequency and with the relevant methods, as appropriate, for the species concerned to verify the respective requirements without necessarily documenting such inspection process . The methods for inspections shall be such to ensure the reliability of the observations. If it is not possible to remove or separate non-compliant plants during the growing phase, the entire field shall be discarded for seed production, unless the undesirable seeds can be mechanically separated at a later stage.
Amendment 743 #
Proposal for a regulation
Annex III – Part A – point 1 – Part C – point b
Annex III – Part A – point 1 – Part C – point b
(b) A sample of seed shallmay be taken from each lot and tested in a laboratory or by the professional operator to ensure the fulfilment of the quality requirements for the respective species, including germination. Testing shall include, where appropriate, retesting of germination rate after a certain period appropriate to the species concerned.
Amendment 744 #
Proposal for a regulation
Annex III – Part A – point 2 – paragraph 1 – point c
Annex III – Part A – point 2 – paragraph 1 – point c
(c) have at least a minimum analytical purity, to secure the highessufficient level of varietal identity;
Amendment 748 #
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
Amendment 751 #
Proposal for a regulation
Annex III – Part B – paragraph 1 a (new)
Annex III – Part B – paragraph 1 a (new)
Part A (thereof) of Annex III shall apply for standard material of conservation varieties of agricultural and vegetable species put on the market according to Article 26.
Amendment 752 #
Proposal for a regulation
Annex III – Part B – paragraph 1 b (new)
Annex III – Part B – paragraph 1 b (new)
Standard material of conservation varieties of fruit species may only be marketed if it fulfils the following requirements: (a) it is propagated from an identified source of material recorded by the supplier; (b) it is true to the description of the variety, established by the observation of the expression of the characteristics of the variety, based on the officially recognised description of the variety; (c) it is found to be practically free from quality pests upon visual inspection carried out by the professional operator in the facilities, fields and lots where standard material is produced; (d) it is found to be practically free from defects, upon visual inspection. Injuries, discoloration, scar tissues or desiccation shall be considered as defects, if they affect the quality and usefulness as propagating material.
Amendment 753 #
Proposal for a regulation
Annex III – Part B – paragraph 1 c (new)
Annex III – Part B – paragraph 1 c (new)
If the standard material no longer complies with these requirements, the supplier shall carry out one of the following actions: (a) remove that material, from the vicinity of other standard material; or (b) take appropriate measures to ensure that that material complies with those requirements again.
Amendment 756 #
Proposal for a regulation
Annex III – Part C – paragraph 1
Annex III – Part C – paragraph 1
Vine rootstocks may not be marketed as standard material, except for PRM belonging to conservation varieties, which shall be produced and marketed according to Part B of Annex III.
Amendment 761 #
Proposal for a regulation
Annex III – Part D – paragraph 1
Annex III – Part D – paragraph 1
Part D of Annex II shall apply accordingly for the production and marketing of standard seed of fruit plants, vine and seed potatoes.
Amendment 762 #
Proposal for a regulation
Annex III – Part D – paragraph 1 a (new)
Annex III – Part D – paragraph 1 a (new)
Part B of Annex III shall apply to the marketing of standard seed of fruit plants.
Amendment 764 #
Proposal for a regulation
Annex V – subheading 1
Annex V – subheading 1
Amendment 765 #
Proposal for a regulation
Annex V – paragraph 1
Annex V – paragraph 1
Competent authorities may designate specific source areasregions of origin for the preservation mixtures, with which such mixtures are naturally associated. For that purpose, they shall take into account information from plant genetic resource authorities or organisations recognised for this purpose by the Member States.
Amendment 766 #
Proposal for a regulation
Annex V – paragraph 2
Annex V – paragraph 2
Where the source arearegion of origin is located in more than one Member State, it shall be identified by a common agreement of all Member States concerned.
Amendment 768 #
Proposal for a regulation
Annex V – paragraph 3 – point a
Annex V – paragraph 3 – point a
(a) typical for the habitat type of the source arearegion of origin;
Amendment 769 #
Proposal for a regulation
Annex V – paragraph 3 – point c
Annex V – paragraph 3 – point c
(c) adequate for the purpose of recreating the habitat type of the source arearegion of origin.
Amendment 771 #
Proposal for a regulation
Annex V – paragraph 5
Annex V – paragraph 5
The maximum content of Rumex spp., other than Rumex acetosella and Rumex maritimus, shall not exceed 0,051 % by weight.
Amendment 773 #
Proposal for a regulation
Annex V – paragraph 7 – point c
Annex V – paragraph 7 – point c
(c) components as species and, where relevant, subspecies and varieties of the preservation mixture; which are typical for the habitat type of the source area site and which are, as components of the mixture, of importance for the preservation of the natural environment in the context of the conservation of genetic resources;
Amendment 774 #
Proposal for a regulation
Annex V – paragraph 7 – point d
Annex V – paragraph 7 – point d
Amendment 775 #
Proposal for a regulation
Annex V – paragraph 7 – point e
Annex V – paragraph 7 – point e
(e) source arearegion of origin of the mixture;
Amendment 776 #
Proposal for a regulation
Annex V – paragraph 10
Annex V – paragraph 10
Professional operators before the beginning of each production seasonat the end of each calendar or fiscal year shall notify the quantity of seed of authorised preservation mixtures, for which the authorisation is intended, together with size and location of the intended collection site or sites and the date or dates of collection to the competent authority.
Amendment 787 #
Proposal for a regulation
Annex VII – paragraph 1 – point t a (new)
Annex VII – paragraph 1 – point t a (new)
(ta) whether there are any intellectual property rights covering the variety as a whole or its genetic components, including, where applicable, the number of any relevant patent(s);
Amendment 790 #
Proposal for a regulation
Annex VII – paragraph 1 – point t b (new)
Annex VII – paragraph 1 – point t b (new)
(tb) a description of the breeding methods used to develop the variety;