Activities of Kriton ARSENIS related to 2013/0137(COD)
Plenary speeches (2)
Production and making available on the market of plant reproductive material (plant reproductive material law) (A7-0112/2014 - Sergio Paolo Francesco Silvestris) (vote)
Production and making available on the market of plant reproductive material (plant reproductive material law) (debate)
Amendments (144)
Amendment 75 #
Proposal for a regulation
Title 0
Title 0
The Committee on environment, public health and food safety calls on the Committee on agriculture and rural development, as the committee responsible, to reject the Commission proposal.
Amendment 93 #
Proposal for a regulation
–
–
The European Parliament rejects the Commission proposal.
Amendment 99 #
Proposal for a regulation
Title
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)
Amendment 128 #
Proposal for a regulation
Recital 36
Recital 36
(36) In the context of the Convention on Biological Diversity to which the Union is a party, the Union has committed to maintain the genetic diversity of cultivated plants, and of wild relatives, and to minimise genetic erosion. That commitment complements the objective of the Union to halt biodiversity loss by 2020. In that context, certain varieties including landraces should be allowed to be produced and made available on the market even if they do not comply with the requirements concerning distinctiveness, uniformity or stability, to ensure their conservation and sustainable use and thus contribute to the sustainability of agriculture and the adaptation to climate change. Therefore, those varieties should only be registered on the basis of an officially recognised description.
Amendment 145 #
Proposal for a regulation
Recital 53
Recital 53
Amendment 148 #
Proposal for a regulation
Recital 67
Recital 67
Amendment 163 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
Amendment 165 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) the production of plant reproductive material, with a view to making it available on the market, of plant reproductive material; and
Amendment 173 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) intended solely for, and maintained by,and distributed by, natural persons and gene banks, organisations and networks of conservation of genetic resources, or persons beloincluding ing to those organis situ conservations or networksn-farm;
Amendment 194 #
Proposal for a regulation
Article 2 – paragraph 1 – point d
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.
Amendment 196 #
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 198 #
Proposal for a regulation
Article 2 – paragraph 1 – point d b (new)
Article 2 – paragraph 1 – point d b (new)
(db) produced by a farmer on his own farm on his own behalf and for his own account.
Amendment 203 #
Proposal for a regulation
Article 2 – paragraph 1 – point d g (new)
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.
Amendment 224 #
Proposal for a regulation
Article 3 – point 5
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, whether free of charge or not, with a view to commercial exploitation;
Amendment 228 #
Proposal for a regulation
Article 3 – point 5
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;
Amendment 232 #
Proposal for a regulation
Article 3 – point 6 – introductory part
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 with a view to making it available on the market:
Amendment 238 #
Proposal for a regulation
Article 3 – point 6 – introductory part
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:
Amendment 240 #
Proposal for a regulation
Article 3 – point 6 – point a
Article 3 – point 6 – point a
Amendment 246 #
Proposal for a regulation
Article 3 – point 6 – point b
Article 3 – point 6 – point b
Amendment 248 #
Proposal for a regulation
Article 3 – point 6 – point c
Article 3 – point 6 – point c
Amendment 249 #
Proposal for a regulation
Article 3 – point 6 – point d
Article 3 – point 6 – point d
Amendment 251 #
Proposal for a regulation
Article 3 – point 6 – point e
Article 3 – point 6 – point e
Amendment 276 #
Proposal for a regulation
Article 5
Article 5
Professional operators with the exception of farmers exchanging seeds from their own farm on their own behalf and for their own account directly with other farmers or with end users shall be registered in the registers referred to in Article 61 of Regulation (EC) No …/….../... (Office of Publication, please insert number of Regulation on protective measures against pests of plants) in accordance with the provisions of Article 62 of that Regulation.
Amendment 284 #
Proposal for a regulation
Article 6
Article 6
Professional operators shall ensure that plant reproductive material produced and made available on the market under their control fulfils the requirements of this Regulation.
Amendment 286 #
Proposal for a regulation
Article 7 – title
Article 7 – title
Specific responsibilities of professional operators producing plant reproductive material
Amendment 290 #
Proposal for a regulation
Article 7 – introductory part
Article 7 – introductory part
Professional operators producing plant reproductive material shall:
Amendment 296 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Professional operators shall ensure that plant reproductive material is traceable at all stages of production andthe entry and exit of each operator's premises involved in its making available on the market.
Amendment 300 #
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1
Article 8 – paragraph 3 – subparagraph 1
For the purpose of paragraph 1, professional operators, with the exception of farmers exchanging seeds from their own farm on their own behalf and for their own account, and operators whose annual turnover or annual balance sheet total does not exceed EUR 2 million, shall keep information allowing them to identify the persons to whom they have supplied plant reproductive material and the material concerned, unless that material has been supplied in retail.
Amendment 321 #
Proposal for a regulation
Article 9
Article 9
This Part shall apply to the production, with a view to making available on the market, and to the making available on the market of plant reproductive material other than forest reproductive material.
Amendment 327 #
Proposal for a regulation
Article 10 – point 4
Article 10 – point 4
Amendment 348 #
Proposal for a regulation
Article 10 – point 10 a (new)
Article 10 – point 10 a (new)
(10a) 'Landrace' means the varieties which are created by farmers, are adapted to the environmental conditions of their region and are characterised by high genetic diversity.
Amendment 351 #
Proposal for a regulation
Article 10 – point 10 a (new)
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.
Amendment 352 #
Proposal for a regulation
Part III – Title II
Part III – Title II
Amendment 353 #
Proposal for a regulation
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
1. This Title shall apply to the production and making available on the market of plant reproductive material belonging to genera and species which comply with one or more of the following criteria:
Amendment 356 #
Proposal for a regulation
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
(a) they represent a significant area of production, larger than 0,1% of the total agricultural area of the European Union;
Amendment 359 #
Proposal for a regulation
Article 11 – paragraph 1 – point b
Article 11 – paragraph 1 – point b
(b) they represent a significant value of production, larger than 0,1% of the total value of agricultural production of the European Union;
Amendment 362 #
Proposal for a regulation
Article 11 – paragraph 1 – point c
Article 11 – paragraph 1 – point c
(c) they are produced or made available on the market by a significant number ofmore than 100 professional operators in the Union;
Amendment 363 #
Proposal for a regulation
Article 11 – paragraph 1 – point c
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;
Amendment 377 #
Proposal for a regulation
Article 12 – paragraph 1 – introductory part
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:
Amendment 379 #
Proposal for a regulation
Article 12 – paragraph 1 – point d
Article 12 – paragraph 1 – point d
Amendment 384 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 395 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
Amendment 401 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 408 #
Proposal for a regulation
Article 13 – title
Article 13 – title
Amendment 411 #
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. Plant reproductive material produced and made available on the market shall comply with:
Amendment 422 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Paragraphs 1(a) and 1(b) shall not apply to productionquality requirements of plant reproductive material referred to in Article 14(3) and Article 36.
Amendment 423 #
Proposal for a regulation
Article 13 – paragraph 2
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.
Amendment 424 #
Proposal for a regulation
Article 14 – paragraph 1
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.
Amendment 426 #
Proposal for a regulation
Article 14 – paragraph 1
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.
Amendment 437 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
Amendment 466 #
Proposal for a regulation
Article 15
Article 15
Amendment 474 #
Proposal for a regulation
Article 15 a (new)
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.
Amendment 480 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Plant reproductive materialSeed and potato seed shall be produced in accordance with the production requirements set out in Part A of Annex II and shall be made available on the market only if it fulfils the quality requirements set out in Part B of Annex II.
Amendment 481 #
Proposal for a regulation
Article 16 – paragraph 1
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.
Amendment 487 #
Proposal for a regulation
Article 17 – paragraph 3
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.
Amendment 493 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Pre-basic, basic or certified material shallmay be certified and identified through an official label (‘official label’).
Amendment 497 #
Proposal for a regulation
Article 19 – paragraph 5 a (new)
Article 19 – paragraph 5 a (new)
5a. This article shall under no circumstances prevent the use of national or private labels and certification schemes.
Amendment 500 #
Proposal for a regulation
Article 20 – paragraph -1 (new)
Article 20 – paragraph -1 (new)
-1. This article applies to potatoes and to species which are grown on more than 5% of the total agricultural area in the Union. These species are listed in Annex Ia.
Amendment 535 #
Proposal for a regulation
Article 25
Article 25
Where the official labels are produced by the competent authorities, as referred to in point (b) of Article 22, the competent authorities shall carry out all necessary field inspections, sampling and testing in accordance with the certification schemes, adopted pursuant to Article 20(2), to confirm compliance with the production and quality requirements adopted pursuant to Article 16(2).
Amendment 536 #
Proposal for a regulation
Article 27 – title
Article 27 – title
Notification of the intended production and certificationcertification with official label of pre-basic, basic and certified material
Amendment 548 #
Proposal for a regulation
Article 30 – title
Article 30 – title
Post certification tests for pre-basic, basic and certified material with official label
Amendment 557 #
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Where the post certification tests show that pre-basic, basic or certified material has not been produced or made available on the market in compliance with the production and quality requirements referred to in Article 16(2), and with the certification schemes referred to in Article 20(2), the competent authorities shall ensure that the professional operator concerned takes the necessary corrective actions. Those actions shall ensure that the material concerned either complies with those requirements or is withdrawn from the market.
Amendment 558 #
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. If it is repeatedly found, during the post certification tests, that a professional operator produces or makes available on the market plant reproductive material which does not comply with the quality requirements referred to in Article 16(2), or with the certification schemes referred to in Article 20, the provisions of Article 26(2) shall apply.
Amendment 604 #
Proposal for a regulation
Article 36 – paragraph 1 – point a
Article 36 – paragraph 1 – point a
(a) it is made available on the market in small quantities by persons other than professional operators, or by professional operators employing no more than ten persons and whose annual turnover or balance sheet total does not exceed EUR 2 million;
Amendment 608 #
Proposal for a regulation
Article 36 – paragraph 1 – point a
Article 36 – paragraph 1 – point a
(a) it is made available on the marketproduced in small quantities by persons other than professional operators, or by professional operators employing no more than ten persons and whose annual turnover or balance sheet total does not exceed EUR 2 million;
Amendment 620 #
Proposal for a regulation
Article 36 – paragraph 1 – point b a (new)
Article 36 – paragraph 1 – point b a (new)
(ba) it is made available directly or with only one intermediary by the producer to the end user;
Amendment 622 #
Proposal for a regulation
Article 36 – paragraph 1 – point b b (new)
Article 36 – paragraph 1 – point b b (new)
(bb) it is freely reproducible;
Amendment 624 #
Proposal for a regulation
Article 36 – paragraph 1 – point b c (new)
Article 36 – paragraph 1 – point b c (new)
(bc) it is bred, selected or multiplied without the use of microbiological process.
Amendment 634 #
Proposal for a regulation
Article 36 – paragraph 3
Article 36 – paragraph 3
Amendment 671 #
Proposal for a regulation
Article 40 a (new)
Article 40 a (new)
Article 40a Maintenance of a fair national market Member States may adopt emergency measures, by means of national legislation, under the following situations. 1. Measures are needed to ensure proportionality and subsidiarity; 2. Measures are needed to ensure the availability of rare and historical plant reproductive materials on the market; 3. Measures are needed to protect the environment or presence of agricultural biodiversity; 4. Measures are needed to protect indigenous rights and traditional ways of life. Member States shall notify the Commission and the other Member States of each Measure adopted pursuant to this Article.
Amendment 676 #
Proposal for a regulation
Article 42 a (new)
Article 42 a (new)
Amendment 677 #
Proposal for a regulation
Article 43
Article 43
Amendment 683 #
Proposal for a regulation
Article 43 a (new)
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.
Amendment 688 #
Proposal for a regulation
Article 46 – paragraph 3
Article 46 – paragraph 3
Amendment 695 #
Proposal for a regulation
Article 47
Article 47
This Title shall apply to the production and making available on the market of plant reproductive material belonging to genera and species other than the ones listed in Annex I and for provisions of article 14 (3) (heterogeneous material), article 36 (niche markets) and article 57 (registration under officially recognised description).
Amendment 699 #
Proposal for a regulation
Article 48 – paragraph 1 – point c
Article 48 – paragraph 1 – point c
(c) in the case of seeds, it shall have satisfactory germination, as appropriate for the genera and species concerned, to allow an appropriate number of plants per area after sowing, and to ensure the maximumsufficient yield and quality of the production;
Amendment 702 #
Proposal for a regulation
Article 48 – paragraph 2
Article 48 – paragraph 2
Amendment 706 #
Proposal for a regulation
Article 49 – paragraph 5 a (new)
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.
Amendment 708 #
Proposal for a regulation
Article 50
Article 50
Amendment 723 #
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
Amendment 732 #
Proposal for a regulation
Article 53 – paragraph 1 – point b a (new)
Article 53 – paragraph 1 – point b a (new)
(b a) the method by which the variety is bred;
Amendment 734 #
Proposal for a regulation
Article 53 – paragraph 1 – point b b (new)
Article 53 – paragraph 1 – point b b (new)
(b b) where applicable, a documentation that the variety is protected by plant breeders' rights or is related to a patent;
Amendment 748 #
Proposal for a regulation
Article 53 – paragraph 1 – point k b (new)
Article 53 – paragraph 1 – point k b (new)
(k b) The genealogical components of the variety
Amendment 749 #
Proposal for a regulation
Article 53 – paragraph 1 a (new)
Article 53 – paragraph 1 a (new)
1a. These data shall be available to the public.
Amendment 753 #
Proposal for a regulation
Article 54
Article 54
Amendment 762 #
Proposal for a regulation
Article 54 – point f
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;
Amendment 766 #
Proposal for a regulation
Article 56 – paragraph 1 – introductory part
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:
Amendment 768 #
Proposal for a regulation
Article 56 – paragraph 2 – introductory part
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:
Amendment 780 #
Proposal for a regulation
Article 56 – paragraph 5
Article 56 – paragraph 5
Amendment 782 #
Proposal for a regulation
Article 56 – paragraph 5
Article 56 – paragraph 5
Amendment 784 #
Proposal for a regulation
Article 56 – paragraph 6
Article 56 – paragraph 6
Amendment 787 #
Proposal for a regulation
Article 56 – paragraph 6
Article 56 – paragraph 6
Amendment 795 #
Proposal for a regulation
Article 57 – paragraph 1 – point a
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;
Amendment 800 #
Proposal for a regulation
Article 57 – paragraph 1 – point b
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).
Amendment 804 #
Proposal for a regulation
Article 57 – paragraph 1 – point b a (new)
Article 57 – paragraph 1 – point b a (new)
(ba) in case the variety has never been made available on the market.
Amendment 821 #
Proposal for a regulation
Article 57 – paragraph 2 – point a
Article 57 – paragraph 2 – point a
Amendment 824 #
Proposal for a regulation
Article 57 – paragraph 2 – point c a (new)
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
Amendment 831 #
Proposal for a regulation
Article 57 – paragraph 3
Article 57 – paragraph 3
Amendment 839 #
Proposal for a regulation
Article 57 – paragraph 4 a (new)
Article 57 – paragraph 4 a (new)
4a. After the entry into force of this Regulation conservation varieties shall be registered in the national variety register on the basis of the officially recognised description, provided that the requirements of paragraphs 2 and 4 of this article are fulfilled. Conservation varieties belonging to species not listed in Annex I shall be registered under the same procedure.
Amendment 861 #
Proposal for a regulation
Article 61
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.
Amendment 875 #
Proposal for a regulation
Article 64 – paragraph 1 – point b
Article 64 – paragraph 1 – point b
Amendment 878 #
Proposal for a regulation
Article 64 – paragraph 1 – point c
Article 64 – paragraph 1 – point c
(c) it is identical to, or may be confused with, a variety denomination under which another variety of the same or of a closely related species is entered in a national variety register or in the Union variety register, or under which material of another variety has been made available on the market in a Member State or in a Member of the International Union for the Protection of New Varieties of Plants, unless that other variety no longer remains in existence and its denomination has acquired no special significance; or the name of that variety is known to exist in literature or is accessible as traditional knowledge of local communities within the Union;
Amendment 882 #
Proposal for a regulation
Article 64 – paragraph 1 – point e
Article 64 – paragraph 1 – point e
(e) it is liable to give offence in one of the Member States or is contrary to public order;
Amendment 887 #
Proposal for a regulation
Article 64 – paragraph 3 a (new)
Article 64 – paragraph 3 a (new)
3a. A variety with official description shall not be registered in the national variety register with the traditional-historically known name of a landrace.
Amendment 890 #
Proposal for a regulation
Article 64 – paragraph 4
Article 64 – paragraph 4
Amendment 892 #
Proposal for a regulation
Article 64 – paragraph 4 a (new)
Article 64 – paragraph 4 a (new)
4a. Exclusive use of the denomination of a landrace shall not be allowed in any stage of the production, processing or trade of a landrace product.
Amendment 895 #
Proposal for a regulation
Article 65
Article 65
Amendment 907 #
Proposal for a regulation
Article 67 – paragraph 1 – point k a (new)
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;
Amendment 914 #
Proposal for a regulation
Article 67 – paragraph 3
Article 67 – paragraph 3
Amendment 922 #
Proposal for a regulation
Article 69 – paragraph 1 – point a
Article 69 – paragraph 1 – point a
(a) the content requirements laid down in Article 67; and
Amendment 925 #
Proposal for a regulation
Article 69 – paragraph 1 – point b
Article 69 – paragraph 1 – point b
Amendment 927 #
Proposal for a regulation
Article 69 – paragraph 2
Article 69 – paragraph 2
2. If the application does not comply with the requirements laid down in Article 67 or the format adopted pursuant to Article 68, the competent authority shall give the applicant the possibility to make its application compliant within a given time.
Amendment 930 #
Proposal for a regulation
Article 70
Article 70
The date of application for registration shall be the date on which an application complying with the content requirements laid down in Article 67 and the format adopted pursuant to Article 68 was submitted to the competent authority.
Amendment 931 #
Proposal for a regulation
Article 71 – paragraph 1
Article 71 – paragraph 1
1. Where, as a result of the formal examination, the application is found to comply with the content requirements referred to in Article 67 and the format adopted pursuant to Article 68, a technical examination of the variety shall be carried out for the purpose of establishing an official description.
Amendment 936 #
Proposal for a regulation
Article 71 – paragraph 3 – subparagraph 1
Article 71 – paragraph 3 – subparagraph 1
The technical examination referred to in paragraph 1 shall be carried out by the competent authorities in accordance with the requirements referred to in Article 74. Member States shall ensure that the competent authority or authorities perform the duties arising from this Regulation in an objective manner.
Amendment 940 #
Proposal for a regulation
Article 71 – paragraph 3 – subparagraph 2 a (new)
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.
Amendment 942 #
Proposal for a regulation
Article 71 – paragraph 5
Article 71 – paragraph 5
Amendment 951 #
Proposal for a regulation
Article 73
Article 73
Amendment 971 #
Proposal for a regulation
Article 74
Article 74
Amendment 985 #
Proposal for a regulation
Article 77 a (new)
Article 77 a (new)
Article 77a Examination report and official recognised description The competent authority shall establish the examination report and the official recognised description based on the requirements of Article 57 (4).
Amendment 986 #
Proposal for a regulation
Article 78 – paragraph 2 a (new)
Article 78 – paragraph 2 a (new)
2a. The competent authority shall collect any complaint that a denomination has been misused. When a complaint has been formulated, the competent authority shall assess if the denomination has been misused and the reasons that have oriented the choice of the registrant to misuse the denomination. Where the assessment reveals that the applicant involuntary misused an existing denomination, the competent authority shall make this denomination unique and distinguishable from the misused one by changing or amending it. The applicant may suggest proposals for the changed or amended denomination; Where the assessment reveals that the applicant could not have been unaware that he misused an existing denomination, the competent authority shall adopt a decision refusing registration as set out in article 79(2).
Amendment 988 #
Proposal for a regulation
Article 79 – paragraph 4 a (new)
Article 79 – paragraph 4 a (new)
4a. The competent authority shall register the conservation variety in the national variety register where the variety complies with the applicable requirements set out in Article 57 paragraph 4 on the basis of the procedure set out in Articles 66, 67 (with the exception of points j and l), 68, 69, 70, 76, 77a, 78.
Amendment 994 #
Proposal for a regulation
Article 82 – paragraph 1
Article 82 – paragraph 1
1. The validity period of the registration of a variety in a national variety register shall be 310 years.
Amendment 996 #
Proposal for a regulation
Article 83 – paragraph 1
Article 83 – paragraph 1
1. The registration of a variety in a national variety register may be renewed for further periods of 310 years, in accordance with the procedure and the conditions laid down in Article 84.
Amendment 1002 #
Proposal for a regulation
Article 84 – paragraph 4
Article 84 – paragraph 4
4. The competent authority may renew the registration of a variety in a national variety register, without an application for renewal being submitted pursuant to paragraphs 1 and 2, where it considers that the renewal of that registration serves sustainable agricultural production and the preservation of genetic diversity, and that the conditions of paragraph 3 are fulfilled.
Amendment 1014 #
Proposal for a regulation
Article 86 – paragraph 4
Article 86 – paragraph 4
4. Varieties provided with an officially recognised description shall be maintained in their region(s) of origin. Natural persons, organisations and networks of conservation of genetic resources which maintain landraces (maintainers), shall be more than one. The maintainer who applies for the registration of landrace shall provide with sufficient reproductive material of high germination other maintainers and the national gene bank.
Amendment 1027 #
Proposal for a regulation
Article 88 – paragraph 1
Article 88 – paragraph 1
1. In the case of varieties provided with an officially recognised description, no fees shall be charged for the actions referred to in point (e) of Article 87(1).
Amendment 1029 #
Proposal for a regulation
Article 88 – paragraph 2
Article 88 – paragraph 2
Amendment 1032 #
Proposal for a regulation
Article 89 – paragraph 1
Article 89 – paragraph 1
1. Fees provided for in Article 87 and 88 shall not directly or indirectly be refunded, unless unduly collected.
Amendment 1040 #
Proposal for a regulation
Article 89 – paragraph 2
Article 89 – paragraph 2
2. Applicants employing fewer than 10 persons and whose annual turnover or annual balance sheet total does not exceed EUR 2 million shall be exempted from the payment of the fees provided for in Article 87 and Article 88.
Amendment 1041 #
Proposal for a regulation
Article 89 – paragraph 2
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.
Amendment 1044 #
Proposal for a regulation
Article 89 – paragraph 3
Article 89 – paragraph 3
Amendment 1091 #
Proposal for a regulation
Article 103 – paragraph 4
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.
Amendment 1092 #
Proposal for a regulation
Article 103 – paragraph 4
Article 103 – paragraph 4
4. The competent authority shall take appropriate measures to, on request, make available the information contained in the files of the national variety register to any person requesting access to this information. This provision shall not apply whereas long as the information must be treated as confidential pursuant to Article 75.
Amendment 1093 #
Proposal for a regulation
Article 104 – paragraph 1
Article 104 – paragraph 1
1. The Aagency shall notify the competent authorities and the Commission of, on request, to make available the information contained in the files of the national variety register to any person requesting access to theis information required to access the Union variety register. This provision shall not apply as long as the information must be treated as confidential pursuant to Article 75.
Amendment 1095 #
Proposal for a regulation
Article 104 – paragraph 4
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.
Amendment 1397 #
Proposal for a regulation
Annex II – heading
Annex II – heading
REQUIREMENTS FOR PRE-BASIC, BASIC, AND CERTIFIED AND STANDARD MATERIAL, AND ELEMENTS FOR THE ADOPTION OF THOSE REQUIREMENTS
Amendment 1405 #
Proposal for a regulation
Annex II – Part D – point c
Annex II – Part D – point c
Amendment 1406 #
Proposal for a regulation
Annex II – Part D – point d
Annex II – Part D – point d
Amendment 1414 #
Proposal for a regulation
Annex III – Part A – point h
Annex III – Part A – point h
(h) references to the country of production or countries in case of mixture, with the two letter code referred to in point (c), with the exception of niche market material;
Amendment 1421 #
Proposal for a regulation
Annex III – Part A – point l
Annex III – Part A – point l
Amendment 1435 #
Proposal for a regulation
Annex IV – Part A – point b
Annex IV – Part A – point b
Amendment 1437 #
Proposal for a regulation
Annex IV – Part A – point c
Annex IV – Part A – point c
Amendment 1438 #
Proposal for a regulation
Annex IV – Part A – point c a (new)
Annex IV – Part A – point c a (new)
(ca) they are of vital importance for food processing, feed processing or industrial Processing. The number of species selected according to the above criteria must not exceed 10;