29 Amendments of Giancarlo SCOTTÀ related to 2013/0137(COD)
Amendment 89 #
Proposal for a regulation
Recital 7
Recital 7
(7) Given the needs of producers and the requirements for flexibility and proportionality, this Regulation should not apply to reproductive material intended solely for testing, scientific and breeding purposes, to gene banks, organisations and networks devoted to the exchange and conservation of genetic resources (including on-farm conservation), or to reproductive material exchanged in kind between persons other than professional operators.
Amendment 100 #
Proposal for a regulation
Recital 33
Recital 33
(33) Varieties should, in principle, be registered on the basis of an official description produced by a competent authority or the Agency. However, in order to reduce the burden for the competent authorities and the Agency and ensure flexibility, it is appropriate to provide for the possibility that the examinations necessary to produce the official description may also be carried out by the applicants.
Amendment 104 #
Proposal for a regulation
Recital 37
Recital 37
(37) However, the varieties registered on the basis of an officially recognised description should be produced in thehave a region where they have been historically grown andor in which they have naturally adapted, to ensure their authenticity and their added value for the conservation of genetic diversity and the protection of the environment. Therefore, they should only be included in national variety registers. For the same reason, those varieties should have been available on the market and/or collected e.g. in gene banks before the entry into force of this Regulation, or, should have been deleted for more than five years from the national variety register or Union variety register, in case they have been registered there on the basis of a technical examination concerning their distinctness, uniformity and stability.
Amendment 118 #
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
d) exchanged in kind between persons other than professional operators.
Amendment 130 #
Proposal for a regulation
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – 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 aimed at commercial exploitation, and the sale, distribution, import into, and export out of, the Union and other forms of transfer, whether free of charge or not, aimed at commercial exploitation;
Amendment 155 #
Proposal for a regulation
Article 3 – paragraph 1 – point 10 a (new)
Article 3 – paragraph 1 – point 10 a (new)
Amendment 157 #
Proposal for a regulation
Article 3 – paragraph 1 – point 10 b (new)
Article 3 – paragraph 1 – point 10 b (new)
(10b) ‘area of adaptation’ means the region or regions, other than the region of origin, in which the variety has naturally adapted.
Amendment 344 #
Proposal for a regulation
Article 53 – paragraph 1 – point c
Article 53 – paragraph 1 – point c
(c) the name, and, where applicable, the reference number, of the applicantbreeder;
Amendment 345 #
Proposal for a regulation
Article 53 – paragraph 1 – point e
Article 53 – paragraph 1 – point e
Amendment 348 #
Proposal for a regulation
Article 53 – paragraph 1 – point f
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’);
Amendment 352 #
Proposal for a regulation
Article 54 – paragraph 1 – point e
Article 54 – paragraph 1 – point e
Amendment 389 #
Proposal for a regulation
Article 57 – paragraph 2 – point a
Article 57 – paragraph 2 – point a
(a) it is produced in thehas a region(s) of origin;
Amendment 394 #
Proposal for a regulation
Article 57 – paragraph 3
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, in agreement with the applicant, identify additional region(s) of origin for that variety.
Amendment 397 #
Proposal for a regulation
Article 57 – paragraph 4 – point a
Article 57 – paragraph 4 – point a
(a) it is based, where available, on information from plant genetic resources authorities or from organisations recognised for that purpose by the Member States; andor
Amendment 398 #
Proposal for a regulation
Article 57 – paragraph 4 – point b
Article 57 – paragraph 4 – point b
(b) its accuracy is support is based byon the results of previous official inspections or unofficial examinations or knowledge gained from practical experience during cultivation, reproduction and use.
Amendment 426 #
Proposal for a regulation
Article 63 – paragraph 1 – subparagraph 1 a (new)
Article 63 – paragraph 1 – subparagraph 1 a (new)
If a variety is included in a national variety register pursuant to Article 51, it shall be deemed to be distinct, uniform and stable for the purpose of the recognition of the plant variety right pursuant to Regulation (EC) No 2100/1994 and shall be deemed to have a suitable denomination for the purpose of Article 63 of that Regulation.
Amendment 428 #
Proposal for a regulation
Article 64 – paragraph 1 – introductory part
Article 64 – paragraph 1 – introductory part
1. The denomination of a variety may be expressed in the form of a code or an invented name. For the purposes of point (a) of Article 56(1), the denomination of a variety shall not be deemed suitable if:
Amendment 438 #
Proposal for a regulation
Article 64 – paragraph 1 a (new)
Article 64 – paragraph 1 a (new)
1a. For the purposes of Article 57, where a variety is produced in an adaptation area, the denomination of that variety shall not be deemed suitable if it bears geographical references. This paragraph shall not apply where the variety in question is used as one of the products covered by Regulation (EU) No 1151/201221f. __________________ 21f OJ L 343, 14.12.2012, p. 1.
Amendment 439 #
Proposal for a regulation
Article 64 – paragraph 2
Article 64 – paragraph 2
2. Without prejudice to paragraphs 1 and 1a, if a variety is already registered in other national variety registers, or in the Union variety register, the denomination shall only be deemed suitable if it is identical to that appearing in those registrations.
Amendment 445 #
Proposal for a regulation
Article 66 – paragraph 1
Article 66 – paragraph 1
1. Any personBreeders or their representatives may submit to the competent authority an application for registration of a variety in the national variety register.
Amendment 469 #
Proposal for a regulation
Article 73
Article 73
Amendment 649 #
Proposal for a regulation
Annex III – part A – point b
Annex III – part A – point b
(b) the common name, or names in case of mixture, of the plant species concerned in one of the official Union languages and, optionally, in one or more of the regional or minority languages of the Member State in which the material has been placed on the market;
Amendment 655 #
Proposal for a regulation
Annex III – part B – point b
Annex III – part B – point b
(b) the common name in one of the official languages of the Union and, optionally, in one or more of the regional or minority languages of the Member State in which the material has been placed on the market;
Amendment 735 #
Proposal for a regulation
Article 53 – paragraph 1 – point c
Article 53 – paragraph 1 – point c
(c) the name, and, where applicable, the reference number, of the applicantbreeder;
Amendment 739 #
Proposal for a regulation
Article 53 – paragraph 1 – point e
Article 53 – paragraph 1 – point e
Amendment 758 #
Proposal for a regulation
Article 54 – point e
Article 54 – point e
Amendment 868 #
Proposal for a regulation
Article 63 – paragraph 1 a (new)
Article 63 – paragraph 1 a (new)
1a. A variety placed on a national register pursuant to Article 51 shall be deemed to be distinct, uniform and stable, for the purpose of recognising the plant variety right pursuant to Regulation (EC) No 2100/1994 and to have a suitable denomination for the purposes of Article 63 of that Regulation.
Amendment 871 #
Proposal for a regulation
Article 64 – paragraph 1 – introductory part
Article 64 – paragraph 1 – introductory part
1. The denomination of a variety may be expressed in the form of a code or an invented name. For the purposes of point (a) of Article 56(1), the denomination of a variety shall not be deemed suitable if:
Amendment 898 #
Proposal for a regulation
Article 66 – paragraph 1
Article 66 – paragraph 1
1. Any personBreeders or their representatives may submit to the competent authority an application for registration of a variety in the national variety register.